E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, SECOND SESSION

Vol. 162 WASHINGTON, TUESDAY, MAY 17, 2016 No. 78 Senate The Senate met at 10 a.m. and was infrastructure funding bill. The Repub- already begun considering two more of called to order by the President pro lican-led Senate did so in record early them this week. The first measure is tempore (Mr. HATCH). time. We began considering an annual the transportation and housing infra- f appropriations bill this year at the ear- structure bill. It will make smart in- liest point in 40 years—40 years—and vestments in important infrastructure PRAYER then we passed an annual appropria- priorities. It will strengthen our sur- The Chaplain, Dr. Barry C. Black, of- tions bill this year at the earliest point face transportation network and help fered the following prayer: in 40 years. Passage of this bill also make air travel safer, more efficient, Let us pray. marks the first time the Senate has and more reliable. Eternal God, who hears our prayers passed an individual energy and water I thank Senator COLLINS for her dedi- and listens to our cries for help, thank funding measure since 2009. cated leadership on this important leg- You for Your mercies that come to us This shows what is possible with a islation. new each day. You save us with Your little cooperation and regular order. By The second measure is the Veterans strength, continually showing us Your returning to regular order, we are bet- and Military Construction funding bill. It will increase accountability at the unfailing love. ter able to make better decisions about VA and help ensure veterans receive Help our lawmakers today to discern how taxpayer dollars are spent through the health care and benefits they rely Your voice and do Your will. Lord, give the appropriations bills. on. It will advance vital national secu- them the ability to differentiate Your Here is what we mean when we talk rity projects, such as missile defense, guidance from all others, permitting about returning to regular order. We and help ensure military families are You to lead them to Your desired des- mean working in committee and allow- supported with housing, schools, and ing Senators from both sides to have tination. Speak to them through Your health facilities to serve them. Word, guide them with Your Spirit, their voices heard. We mean bringing This is the result of great work by a and sustain them with Your might. bills to the floor and empowering more true champion of veterans—Senator Members to offer suggestions they O God, You are our rock, our fortress, KIRK. Senator KIRK and Senator COL- think might make a good bill even bet- and our Savior. All Your promises LINS both worked hard to move these prove true. ter. We mean working through hours of bills out of the Committee on Appro- We pray in Your mighty Name. debate and deliberation, processing priations with unanimous bipartisan Amen. amendments from both sides, and then support. Now they are working hard to f arriving at a final bill that actually pass them together out here on the passes. PLEDGE OF ALLEGIANCE floor. They have already lined up sev- That is just what we did here, and it eral amendments that we will consider The President pro tempore led the resulted in the record early passage of later today. Pledge of Allegiance, as follows: an energy and water appropriations bill I would like to say a few words about I pledge allegiance to the Flag of the that will help support economic devel- one of these issues in particular. Both United States of America, and to the Repub- opment, waterways infrastructure, and Republicans and Democrats agree that lic for which it stands, one nation under God, energy programs—initiatives that are preventing the spread of Zika is a bi- indivisible, with liberty and justice for all. important in my home State of Ken- partisan priority. That is why Members f tucky and in States across our coun- from both parties have been looking at try. RECOGNITION OF THE MAJORITY different approaches to properly ad- So I want to thank Senator ALEX- LEADER dress the situation. They worked ANDER for working diligently with Sen- through the best avenue to address the The PRESIDING OFFICER (Mr. COT- ator FEINSTEIN to move this bill for- funding that may be needed to do so— TON). The majority leader is recog- ward. They collaborated with both the appropriations process—and came nized. Democratic and Republican colleagues up with several different approaches f to ensure a fair process and an outcome for us to consider later today. that a majority of Senators could sup- One amendment is from Senators THE APPROPRIATIONS PROCESS port. BLUNT and MURRAY. It is a targeted ap- Mr. MCCONNELL. Mr. President, last I also want to thank Chairman COCH- proach that focuses on immediate week, the Republican-led Senate RAN and Ranking Member MIKULSKI for needs while also providing resources passed, by an overwhelming majority, working within the Committee on Ap- for longer term goals, such as a vac- the first appropriations bill of the propriations to move appropriations cine. It includes accountability meas- year—the energy security and water measures so early this year. We have ures and represents a notable departure

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Sep 11 2014 00:48 May 18, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.000 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2834 CONGRESSIONAL RECORD — SENATE May 17, 2016 from our Democratic colleagues’ initial against transgender people is prohib- there, such as Bruce Springsteen. But position. It is good to see our Demo- ited when it is based on gender noncon- it is not just that. It is hundreds—hun- cratic friends compromise. formity. dreds—of other firms that are coming Another amendment is from Senators That is why last week the Depart- out in opposition to the law because CORNYN and JOHNSON. Their enhanced ment of Justice sued North Carolina, what they are doing is illegal. approach builds upon the appropri- finding that its law constitutes a pat- But Republican leaders are standing ators’ work by responsibly offsetting tern or practice of discrimination by their bigotry at a tremendous cost Zika funding with funds that have been under the Civil Rights Act, the Edu- to the State, and that is disappointing. set aside for public health and preven- cation Amendments Act of 1972, and I stand with the administration in op- tion purposes. It would also remove the Violence Against Women Act, posing the North Carolina law. I stand redtape and help promote mosquito which we passed just last year. with all Americans against this shame- control, which is the best way to keep This kind of shocking discriminatory ful bullying. Most of all, I stand with Americans safe from this virus in the lawmaking has no place in the 21st cen- the transgender people of North Caro- near term while a vaccine is under de- tury. It certainly has no place in Amer- lina and our country who are the tar- velopment. The House is also advanc- ica. Attorney General Loretta Lynch gets of this State-sponsored discrimi- ing its own paid-for Zika measure this said last week: nation. My heart goes out to them. very week. This is not the first time we have seen dis- This is not how a great nation should So we will take several votes today. criminatory responses to historic moments operate. We are better than this. So I We will continue moving forward with of progress for our nation. We saw it in the look forward to the day, and it is com- the appropriations process, and we will Jim Crow laws that followed the Emanci- ing soon, when this hateful law is pation Proclamation. We saw it in fierce and address Zika funding in that context widespread resistance to Brown v. Board of struck down. because keeping Americans safe and Education. And we saw it in the proliferation f healthy is a top priority for all of us. of state bans on same-sex unions intended to f stifle any hope that gay and lesbian Ameri- ZUBIK V. BURWELL cans might one day be afforded the right to RECOGNITION OF THE MINORITY marry. Mr. REID. Mr. President, yesterday, LEADER This issue has been far-reaching. It the Supreme Court chose not to rule on The PRESIDING OFFICER. The has far-reaching consequences. This is the merits of Zubik v. Burwell, a case Democratic leader is recognized. about access to employment, edu- brought by religiously affiliated non- f cation, and just about everything else profit employers challenging the ac- commodation to the Affordable Care INTERNATIONAL DAY AGAINST in public life. This is about whether we Act’s contraceptive coverage provision. HOMOPHOBIA AND TRANSPHOBIA are going to allow our fellow citizens to be bullied, intimidated, and har- Instead, the Court remanded the case Mr. REID. Mr. President, today is assed. to lower courts for further proceeding. International Day Against Homophobia The North Carolina law is not only The good news is that the order and Transphobia. This day of recogni- wrong, but it runs counter to the doesn’t stop women who rely on the Af- tion is especially significant for Amer- progress we are seeing in States and fordable Care Act for contraceptive ica since the civil rights of transgender cities across all of America. Right now, coverage from getting the services they Americans are at the forefront of an 18 States and approximately 200 cities need while the legal process plays out. important national debate. At its core, have laws on the books to protect But this remand highlights that the the debate comes down to a simple transgender individuals in being able Supreme Court cannot properly do its question: With whom do we stand? Do to use the restroom that matches their job until we do ours here in the Senate. we stand with the bullies or do we gender identity. We must give Judge Merrick Garland a stand against the bullies? Do we stand Take, for example, what happened in hearing and a vote so the Supreme up for the bullies or against the bul- Reno, NV, just last year. Reno, NV, is Court can become fully functioning lies? Do we defend the persecutors or in Washoe County. It is the second again. do we come to the defense of the per- largest school district in Nevada. In There have been numerous cases that secuted? February 2015, in response to concerns have been determined differently be- These are the questions posed to us, from parents and students, the Washoe cause of a 4-to-4 split. A number of and they should be. These are the ques- County School District issued policies them are just tied 4-to-4. A number of tions posed to us by what is happening to help foster a healthy and inclusive them have been remanded back to lower in North Carolina and the law there environment for transgender students. courts without action. that undermines the civil rights of The Washoe County School District The Supreme Court to do its job transgender Americans. developed thoughtful and common- needs nine—nine—Justices. So I hope During a 1-day special session in sense policies that allow all students in the time is coming quickly when Amer- March, the North Carolina legislature Washoe County to have access to all ican women will know once and for all rammed through a controversial law school programs and activities. It was that their bosses can’t interfere with that strikes down local antidiscrimina- the first district in Nevada to do so. In their health care decisions, and I am tion ordinances. The actions taken by the year since those regulations were confident the courts will ultimately do North Carolina’s legislature and Gov- adopted, schools across the district the right thing and uphold the Afford- ernor are nothing short of State-spon- have reported few, if any, concerns able Care Act’s accommodation to the sored discrimination against about the new policies. contraceptive coverage provision. Until transgender individuals. The law is North Carolina leaders need to learn that time, though, Senate Democrats clearly and completely illegal. It is in from Washoe County. They need to will continue to watch this matter direct opposition to Federal civil learn a thing or two about tolerance, very closely and do everything in our rights statutes prohibiting discrimina- as exhibited by the students and, yes, power to defend access for women to tion on the basis of sex. the adults across Washoe County. birth control measures that they feel The Federal courts have made it North Carolina is already paying a appropriate. clear that sex discrimination under the severe price for its discriminatory law, Mr. President, I think it is such a Civil Rights Act covers transgender in- and more is yet to come. Hundreds of blight on the Senate that we are not dividuals. This goes back to 1989, when America’s biggest and most prestigious doing anything to fill that ninth spot. the Supreme Court ruled in Price corporations and organizations have al- It needs to be done, and it needs to be Waterhouse v. Hopkins that sex dis- ready come out in firm opposition to done quickly. Justice is being delayed. crimination includes sex stereotyping the law—companies such as Google, Justice is not being served. under title VII of the Civil Rights Act Bank of America, Starbucks, and I see my friend from Montana is on of 1964. Relying on the Supreme Court’s Pfizer. You have major businesses that the floor. I ask the Chair, prior to his ruling in that case, appellate courts don’t want to do business there. You being recognized, to tell the Senate have concluded that discrimination have entertainers who won’t perform what we are going to do today.

VerDate Sep 11 2014 00:48 May 18, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.001 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2835 RESERVATION OF LEADER TIME ability compensation and education members deserve a clean bill, so we The PRESIDING OFFICER. Under benefits to our veterans. need to avoid the ugly stuff on this the previous order, the leadership time For VA’s discretionary accounts, in- bill. I have a lot more to say about this is reserved. cluding the Veterans Health Adminis- tration, the bill appropriates $74.9 bil- bill as it is considered over the next, f lion. That is $3.4 billion more than the hopefully, several days. For now, I reit- TRANSPORTATION, HOUSING AND Department has this year. Within that erate my thanks to the folks on the URBAN DEVELOPMENT, AND RE- amount, we are able to target in- majority side, as well as Vice Chair- LATED AGENCIES APPROPRIA- creased funding for several key prior- man MIKULSKI, for their efforts in get- TIONS ACT, 2016 ities for veterans. That includes health ting us where we are today. Lastly, I remind all of our colleagues The PRESIDING OFFICER. Under care, disability claims and appeals that we are open for business. So if the previous order, the Senate will re- processing, medical and prosthetic re- there are amendments you are think- sume consideration of H.R. 2577, which search, and family caregiver support. ing about, get them filed and get them the clerk will report. That means the VA will be able to ag- to our staffs so we can move forward. The senior assistant legislative clerk gressively pursue critical veteran-cen- Amendments at the eleventh hour are read as follows: tered research into a host of medical conditions, including PTSD and trau- never good, so get them in early so we A bill (H.R. 2577) making appropriations matic brain injury—the unseen wounds can consider them. for the Departments of Transportation, and Mr. President, I yield the floor. Housing and Urban Development, and related of war that are so difficult to both identify and treat. It also means the The PRESIDING OFFICER. The Sen- agencies for the fiscal year ending Sep- ator from Oklahoma. tember 30, 2016, and for other purposes. VA will have additional resources to Mr. INHOFE. Mr. President, I ask meet the growing demand of caregivers Pending: unanimous consent to speak as in who are providing critical, family-cen- Collins amendment No. 3896, in the nature morning business. of a substitute. tered, long-term care for our veterans, The PRESIDING OFFICER. Without McConnell (for Lee) amendment No. 3897 and it will allow VBA to hire 300 new objection, it is so ordered. (to amendment No. 3896), to prohibit the use claims processors and 240 additional PRESIDENT’S POLICY ON TRANSGENDER ACCESS of funds to carry out a rule and notice of the employees for the Board of Veterans TO SCHOOL BATHROOMS Department of Housing and Urban Develop- Appeals, all focused on reducing the ap- Mr. INHOFE. Mr. President, since ment. peals backlog—something Senator SUL- McConnell (for Nelson/Rubio) amendment Friday, my State and DC offices have LIVAN and I are working on over on the No. 3898 (to amendment No. 3896), making been flooded with calls from concerned supplemental appropriations for fiscal year authorizing side. These funds will com- constituents regarding President 2016 to respond to Zika virus. plement that work. Obama’s latest unilateral action di- McConnell (for Cornyn) modified amend- The bill before us also includes a new recting public schools and colleges to ment No. 3899 (to amendment No. 3896), mak- medical community care account that allow transgender kids into the bath- ing emergency supplemental appropriations consolidates the various sources of rooms and locker rooms of their for the fiscal year ending September 30, 2016. funding that connect veterans to care choice. In Oklahoma, we understand McConnell (for Blunt) modified amend- in their own communities. The cre- what this is all about. This is all about ment No. 3900 (to amendment No. 3896), Zika ation of this new account is extremely response and preparedness. a liberal agenda being crammed down important in providing better over- the neck of Oklahoma and the rest of The PRESIDING OFFICER. Under sight over a program that is critical for the country. the previous order, the time until 12:30 our veterans, particularly those in On Sunday, I went to a church serv- p.m. will be equally divided between rural areas where services through the ice near the Grand Lake area in North- the managers or their designees. VA are often unavailable. It is also a eastern Oklahoma, where the nearest The Senator from Montana. key component in ongoing efforts to community has about 250 people. The Mr. TESTER. Mr. President, as we consolidate and streamline the number pastor, whose name is Mark, said, ‘‘If begin consideration of the fiscal year of different programs the VA has to get ever there were a Shadrach, Meshach, 2017 Military Construction and Vet- veterans care in their local commu- and Abednego moment in America, it is erans Affairs appropriations bill, I nities. That is something a number of now.’’ want to start by thanking the chair- us are working on in a bipartisan man- They understand that there is a real man of the subcommittee and his staff. ner in the Veterans’ Affairs Com- battle going on in Washington for our The process Chairman KIRK and I put mittee. values. These values should be decided into place was fair, inclusive, and open, On the MILCON side of the ledger, at the local level by the parents and and I appreciate that he went out of his the bill before us also delivers. We have teachers who truly understand what way to incorporate input from me, my provided increased funding for a num- needs to take place to protect all kids. team, and Senators from this side of ber of unfunded MILCON requirements He went on to say that ‘‘we have to the aisle. identified by the services. Given the se- embolden our school board members This bill does right by our brave serv- vere constraints on the budget, funding [and other politicians] with our sup- ice men and women by honoring our for military construction is squeezed port.’’ I agree. This is why I put forth Nation’s commitment to veterans, Ac- more tightly now than ever. It is not a bill last year, which passed last year, tive-Duty military, and their families. just the cost of trying to maintain a to empower local school authorities to We owe these folks our gratitude for deteriorating building, which in itself make these kinds of decisions. What their selfless sacrifice to freedom and is substantial, it is also the impact the President is doing is unilaterally democracy. that effort has on training, readiness, redefining title IX of the education law As a result of last year’s bipartisan and retention of personnel—the very that prohibits discrimination on the budget agreement, we are on the same areas DOD is struggling to reinforce. basis of sex. With the new guidance he page this year in terms of top-line Shortchanging military construction has issued, Obama is aiming to prohibit funding numbers. This level of funding is not a cost-effective or sustainable anything that could be construed as has allowed us to make critical invest- defense strategy over the long haul. discrimination against ‘‘gender iden- ments in military construction, vet- That is why I am glad this bill provides tity, including discrimination based on erans programs, as well as Arlington nearly $500 million over the budget re- a student’s transgender status.’’ National Cemetery and the U.S. Court quested for unfunded priorities. Ultimately, the President is demand- of Appeals for Veterans Claims. I am pleased the majority chose not ing, under threat of losing significant For VA, this bill provides $102 billion to put forward controversial amend- public assistance—in my State of Okla- in mandatory funding for veterans’ ments on this bill during committee homa, this amounts to about $450 mil- benefits—$102 billion—and includes an consideration. The bill that funds vet- lion—if States and school districts additional $103.9 billion in fiscal year erans health care and our military in- don’t comply. In other words, it is 2018 advance funding to ensure that stallations should not be a vehicle for blackmail: You comply or you lose there is not a lapse in getting dis- politics. Our veterans and our service- something you are entitled to.

VerDate Sep 11 2014 00:48 May 18, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.003 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2836 CONGRESSIONAL RECORD — SENATE May 17, 2016 By rewriting the law, President The PRESIDING OFFICER. Without women and families at home and Obama has decided, without any input objection, it is so ordered. abroad, and put research dollars into from Congress, that local schools must Mrs. MURRAY. Mr. President, as a developing a vaccine. accommodate a very small segment of mother and a grandmother, I know I believe the Republicans should do the population in a very specific way that one of the most frightening ques- what we have urged them to do for by allowing them to use the bathroom tions an expecting parent has to ask months and join Democrats in sup- of their choice. By blackmailing our their doctor is, ‘‘Is my baby safe?’’ porting the President’s full emergency schools with funding that goes to low- Too many parents are asking that funding request. But if they continue income and special needs kids—money question right now because of the Zika to refuse, then at the very least, they which schools are already entitled to virus. There are now more than 1,200 should be willing to support a bipar- receive—the Obama administration is reported cases of Zika in the United tisan first step toward protecting fami- writing its own laws to punish those States and the three territories—more lies from this virus, and Democrats who disagree. than 100 of these are pregnant women— will continue pushing for every nec- As the pastor said this weekend, ‘‘We and on Friday, Puerto Rico announced essary resource going forward. should not sell out the innocence and its first case of Zika-related Families across the country are look- the safety of our children’’ as a condi- microcephaly. ing to Congress for action on Zika. tion for receiving Federal money that Unfortunately, those numbers are They do not have time for lengthy de- helps those who need it the most. In only expected to grow in the coming bates about offsets, and they don’t fact, he went on to say: We just will months. So this is an emergency, and have more time to wait. So I hope we not accept it. We don’t need to accept public health experts have repeatedly can move very quickly to get this it. It is not worth the price we would made it clear that as we get closer to emergency funding package through pay. the summer and to mosquito season, the Senate and the House and onto the This misguided policy is directed at we cannot afford to delay. We need to President’s desk. If we act now, we can the comfort of a microminority at the better control mosquitoes that carry help protect our families across the expense of the comfort, privacy, and the Zika virus. We need to raise aware- country from the truly tragic con- safety of the majority of students who ness to make sure families are in- sequences of this disease, and there is do not want to expose themselves or be formed about this disease, and we need no reason to delay. exposed to another student of a dif- to expand access to family planning I yield the floor. ferent sex. services and accelerate the develop- The PRESIDING OFFICER. The Sen- As Oklahoma’s attorney general, ment of a vaccine. The President laid ator from Massachusetts. Scott Pruitt, has noted, the adminis- out a strong emergency funding pro- Ms. WARREN. Mr. President, for tration’s letter ‘‘definitely changes the posal to accomplish each of those goals months Democrats have asked the Re- law in that it takes the unprecedented in February. publicans who control the Senate to let step of redefining ‘sex’ to mean ’gender I support that plan. I was very dis- us act, while the Zika virus has spread identity.’ ’’ Furthermore, he states appointed that instead of acting on it across South America, Central Amer- that the President’s actions ‘‘are un- as quickly as possible, my colleagues ica, and several U.S. territories. For lawful’’ and that they represent the on the other side of the aisle simply re- months, we have asked the Republicans ‘‘most egregious administrative over- fused to even consider it. Instead, they who control the Senate to let us act, reach to date’’ and that Oklahoma found reason after reason to delay. while more and more American trav- ‘‘will vigorously defend the State’s in- First, they said the administration elers are back in the United States terests.’’ should take funds from the ongoing after contracting the Zika virus. For I fully support Oklahoma and other Ebola response to combat Zika. Then, months, we have asked the Republicans States that are vowing to fight this un- they said they needed more informa- who control the Senate to let us act, democratic edict from a politician who tion about the President’s proposal, while health experts at the World is no longer accountable to the voters. even though Zika has been discussed in Health Organization, the National In- Oklahoma’s parents, schools, and State 55 congressional hearings, even after stitutes of Health, and the Centers for and local boards are best equipped to briefings by senior administration offi- Disease Control and Prevention have deal with the issues they face in the cials, and even though the administra- begged Congress for the resources to classroom and on school grounds and tion’s 25-page proposal had been avail- fight this disease. For months, we have should not be dictated to from Wash- able for months for anyone to see. asked Republicans who control the ington. House Republicans have released a Senate to let us act, while more people Our Nation’s schools should not be proposal that would provide a very infected by Zika have developed a de- ground zero for social experiments meager $622 million, less than one- bilitating and sometimes fatal condi- from the liberal agenda, and this is ex- third of what is needed for this emer- tion that damages the nervous system. actly what is happening now, but it gency, without any funding for preven- For months we have asked the Repub- doesn’t take an Attorney General or a tive health care or outreach to those licans who control the Senate to let us U.S. Senator to come to these conclu- who are at risk of Zika, and they are act, while more mothers infected by sions. I thank God that basic morality still insisting in the House for the Zika have given birth to babies with is ringing out from the pews, not just funding for the offset. severe brain defects. And for months, in Northeastern Oklahoma but In the face of all of that partisanship we have asked the Republicans who throughout America. and inaction and with public experts control the Senate to let us act, while You are doing the Lord’s work, Mark. making it clearer every day how much the President has been forced to divert Keep it up. we need to act before mosquito season emergency funds from other critical Mr. President, I ask unanimous con- is in full effect, I was encouraged that areas, including the emergency Ebola sent that the time spent in a quorum Chairman BLUNT and others on the Ap- response. call before 12:30 p.m. today be equally propriations Committee were willing Today, months after President divided. to work with Democrats on a first step Obama first requested nearly $2 billion The PRESIDING OFFICER. Without to respond to this emergency. The to fight the Zika virus in the United objection, it is so ordered. agreement we have reached would put States, the Republicans who control Mr. INHOFE. Mr. President, I suggest a down payment on the President’s the Senate will finally let us vote on the absence of a quorum. proposal into the hands of our first re- options for funding the Zika response. The PRESIDING OFFICER. The sponders and researchers right away. It Today the Senate will consider three clerk will call the roll. would provide much needed relief for proposals. The first proposal would The senior assistant legislative clerk Puerto Rico, backfill nearly $100 mil- completely fund the President’s re- proceeded to call the roll. lion in essential public health funding sponse plan. It offers our best hope to Mrs. MURRAY. Mr. President, I ask that the administration had been fully protect Americans, and I will vote unanimous consent that the order for forced to reprogram, invest in preven- for that proposal. I plead with every the quorum call be rescinded. tion and support services for pregnant Senator to do the same because that is

VerDate Sep 11 2014 00:48 May 18, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.005 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2837 what our Nation’s experts have said it do—the rational thing to do—is to in- $1.9 billion. By the way, we can always will cost to limit the sickness, death, vest the resources needed to stop the come back later and find it, too, al- and deformity caused by the Zika Zika threat in its tracks and to invest though I know that is hard to see hap- virus. in more science and public health in- pening here in Washington. But this is I know that some Republicans under- frastructure so that we are ready when a public health emergency that cannot stand this point. Senator RUBIO, whose the next crisis comes. wait for this extended debate on this State of Florida is at great risk for As congressional Republicans em- issue, especially when you talk about local transmission of Zika, recently brace this irrational anti-spending ide- an $18 trillion debt. Zika funding is not said this: ology, this country is put in greater the reason why we have an $18 trillion I believe in limited government, but I do and greater danger. Instead of invest- debt. It is not the national driver of believe one of the obligations of a limited ing in research so we can develop effec- our debt. That is why dealing with the Federal Government is to protect our people tive treatments, instead of supporting long-term security of Medicare and So- from dangers, whether they be foreign en- careful planning so we are ready for emies or the risk of disease outbreak. . . . I cial Security is so critical. But we can don’t think we want to be halfway through the next health challenge, and instead pay for $1.9 billion, and we should. But the summer and wake up to the news that of fully funding emergency response in- it is public health experts who have hundreds and hundreds of Americans in mul- frastructure so we are prepared to re- said the amount we need is $1.9 billion. tiple States have been infected and we did spond to new threats, these Repub- I continue to urge my colleagues to nothing. licans govern by simply lurching from take this with the sense of urgency Senator RUBIO supports fully funding crisis to crisis. that the public health experts have. the President’s response plan. I hope it We are in this mess with Zika—a The people I have met with, the people passes the Senate. If it doesn’t, it will mess that is about to get a lot worse— I have interacted with, and the people be because the majority of Senate Re- because of stupid decisions made right I have been talking to are not political publicans vote against it. If that hap- here in Congress. Keep in mind that people. I haven’t been talking to people pens, we will be forced to consider an- Zika, like Ebola, is a disease we have in the White House political office. I other proposal. known about for years. But our ability have been meeting with people who The second proposal would give the to do the necessary research to eradi- work at the Centers for Disease Con- President half of what is needed to cate these threats has been undercut trol. I have been meeting with people fight the outbreak. I will support this by Republicans’ desire to make more who work at the Florida Department of proposal if that is the last resort, as and more budget cuts, even when they Health. I have been talking to depart- will many Democrats, because this is a put the health of Americans in danger. ment of health officials in Puerto Rico. health emergency. If your ship is sink- This country’s scientific research ca- I have been talking with doctors who ing and you need 12 lifeboats but you pacity has been decimated. Over the are in the frontline of dealing with can only get 6, you take the 6. We will last decade, the budget of the National microcephaly and what it means long take whatever the Republicans who Institute of Allergy and Infectious Dis- term for the children who have been control the Senate are willing to give eases has lost about 20 percent of its impacted by it. That is with whom I to protect the American people. purchasing power—20 percent. The Pre- Cutting the Zika funding request in have been talking. vention and Public Health Fund that They have outlined the kinds of half might give Republicans a chance helps build the infrastructure needed things we need to be doing. But more to tell people how tough they are on to prevent people from getting sick and importantly, what they outlined is spending, and that may be how Repub- to shut down outbreaks like Zika has that there is so much we still don’t lican politics works, but it is not how been on the Republicans’ chopping know about Zika. For example, we science works. It is not possible to block year after year. don’t know what the long-term con- delay a response to a health emergency Here is the bottom line. Our doctors, sequences are of a mother who is in- for month after month without con- scientists, and health officials need our fected with Zika while pregnant and sequences. It is not possible to nickel- complete support in fighting this virus. the child was born without and-dime a response to a health emer- They have told us how much money gency without consequences. Sure, the they need to do that. The less money microcephaly. We don’t know what Republicans’ half measure is better Congress gives them, the more people happens in 6 months, 9 months, 1 year, than nothing. But an estimated 4 mil- will be hurt by the Zika virus—more or 5 years down the road. But I do lion people are facing the prospect of babies with heartbreaking deformities, know that many medical experts be- Zika infection by the end of this year, more adults with devastating illnesses. lieve there will be further manifesta- and a half response is not good enough. The Zika virus does not care what tions of the disease’s impact on the The final Republican proposal is even politicians in Washington decide is po- central nervous system in many of dumber. It would not only give the litically expedient. The virus is com- these children years after this debate President about half of what is needed ing, and if Republicans block Congress in Congress is finished. but it would cover the cost by gutting from protecting the people of this I do know that Puerto Rico is being the Prevention and Public Health country, then Republicans must accept ravaged by this. Puerto Rico is a terri- Fund, which provides significant sup- responsibility for the devastating con- tory of the United States. These are port to local public health departments sequences. American citizens who have been in- all across the country. You heard that I yield the floor. fected with Zika. They don’t have a right. Some Senate Republicans think The PRESIDING OFFICER. The Sen- Senator from Puerto Rico, although I the best way to fund America’s emer- ator from Florida. am more than honored and grateful for gency response to the Zika virus is to Mr. RUBIO. Mr. President, first of the opportunity to speak on their be- rob from America’s frontline respond- all, let me begin by saying how encour- half on these issues. But what people ers who help identify and track infec- aged I am that we are finally seeing have to understand is—this is not the tious diseases such as the Zika virus. some action here in Congress dealing right way to approach it, but even if On the other side of Congress, House with the Zika virus. Today, we have your approach is that it is Puerto Rico Republicans are kicking around an not one but three separate proposals to and it is not the mainland of the even more bizarre idea—funding only deal with this which are going to come United States, then I invite you to go about one-third of the President’s plan up for a vote. to the airport in Orlando or Miami, and to fight Zika and doing it by cutting I support fully funding the request you can see the daily flights and the hundreds of millions of dollars out of made. People say the President’s re- constant flow of people back and forth. our Ebola response. With the Ebola epi- quest. Fine, it came from the White We also look at the fact that the demic just passed and still no FDA-ap- House. But it is really the scientists’ summer months are coming. This is a proved vaccine or treatment for Ebola, request, the doctors’ request, and the mosquito-borne infection. We know what could possibly go wrong with that public health sector’s request for how that mosquito season is here, and it is plan? to address this issue. coming fast. We know that the Zika I simply do not understand the Re- The fundamental point I make is virus becomes more potent as tempera- publicans. The responsible thing to twofold. We can pay for it. We can find tures get warmer. Guess what. It is

VerDate Sep 11 2014 00:48 May 18, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.006 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2838 CONGRESSIONAL RECORD — SENATE May 17, 2016 about to get really warm not just in $1.9 billion request, I am afraid even sphere, and the way it impacts unborn Florida but throughout the Gulf Coast that may not be enough for the long children alone should call us to action. States and throughout the country. term. We have seen the images from Brazil of We know that places such as Brazil The issue that seems to be holding the children born with microcephaly. have been deeply impacted by the Zika them back is the desire to offset spend- This is a devastating condition. The virus. Guess what. Tens of thousands of ing. As I said, I support that 100 per- cost of caring for those children people are about to travel through the cent. I believe we can find $1.9 billion throughout their lives is extensive, and United States to and from Brazil for and transfer it from some other part of we are going to do it. We need to do it, the summer Olympics. our budget to ensure that we are not and we will do it, but let’s try to pre- We know that Major League Baseball deficit-spending. We can do that and we vent it. Let’s try to get ahead of it. canceled a game in Puerto Rico be- should do that. I am in favor of doing Let’s try not to just be reactive but cause they believed it was a serious that, but that will not keep me from proactive. enough risk that they didn’t want to trying to do something about it. There are reports in the press today put the players at risk, not to mention In times of public health emer- that scientists have been able to take a the crowd. gencies, just like during times of nat- significant step toward potentially cre- We see something percolating, and ural disasters, I don’t think we should ating a vaccine. Once there is a vaccine we don’t know much about it. We know delay action while we try to figure out for Zika, this problem will be under enough about it to know it is a serious these budgetary moves and try to agree control. problem. We do not know how far this on what we are going to cut from other As I said earlier, let’s not play with is going to go. As a result, we see the parts of the budget. I still belive we fire. I hope my colleagues will jump on people of this country facing a public should do it, but we cannot hold back board and fully fund the $1.9 billion. If health threat, and our response should for another few weeks while we are try- they want, we can put language in the be to deal with it the way medical ex- ing to get to that point. legislation that says that if the money perts say we need to deal with it. The administration has already di- isn’t fully spent, it will be refunded to We can put language in the proposal verted half a billion dollars that was the Treasury. that says: If you don’t end up spending intended for the fight against Ebola, Why take the chance? Why take a the full $1.9 billion and you don’t need but the House would raid even more of chance on an issue that is not yet well all of that money, all of that money the Ebola funds for the Zika response. defined? Why take the chance on a dis- It is easy to say: Ebola is not in the automatically goes back to Treasury ease that we still don’t know every- headlines anymore. We are not reading within it a year or two if it hasn’t been thing about? Why take the chance that about it that much, so it must not be spent. we could have an outbreak much worse Why take the chance? Why take the a problem. Ebola still exists. It is not polio. We than anything any of us anticipated chance that at some point this summer haven’t eradicated it from the United and be caught off guard? Why take the we could have a significant and serious States or the world. It is just not a per- chance that you will have to go home outbreak in the United States of Amer- colating crisis right now, but there is in August and September and explain ica when all the Senators are back in nothing to say that it couldn’t pop up to millions of people across this coun- their home States doing campaign stuff again. try why so many Americans are now or whatever they are doing and have to By the way, these sorts of pandemics being infected by this disease and you come back here and deal with it and will become more and more common as lowballed our approach to it a few explain to the people why, when doc- people are able to extensively travel all months ago? Why take the chance? tors and medical experts were warning over the world. We are at the cross- Let’s do it once. Let’s get it right. us that this was a significant risk, we roads of a lot of that travel. Let’s ensure that we are protecting our decided to lowball it and spend less I don’t think I am prepared to walk people and deal with it now and deal than what was called for by experts. away. Maybe they don’t need the full with it fully. This is our obligation, By no means do I intend for this to half a billion dollars, but I think it and I hope we will embrace it here sound as if I am criticizing Senators would be shortsighted to say that today. There is no reason we should not MURRAY and BLUNT. I thank them for Ebola is finished, so we don’t have to fully fund this proposal and listen to their work. They have tried to come up worry it anymore. There has to be the doctors and health care experts with a bipartisan proposal that can some money available in case that who are asking us for this and build pass. comes up again, because it could. from there. I hope that is what my col- I said earlier, I am proud of the I believe the House can and should do leagues will do in a few hours when we amendment that my colleague from better than what it has proposed and vote on these proposals that stand be- Florida, Senator NELSON, and I are pro- should provide offsets to the spending— fore us. posing here today. I hope that the $1.9 provide the $1.9 billion offsets. I guar- With that, I suggest the absence of a billion amount passes, but if we are left antee they will be able to find that quorum. with a vote on the Blunt-Murray fairly quickly. They could provide The PRESIDING OFFICER. The amendment, I think that is better than stringent accountability measures. clerk will call the roll. nothing, and I will support it. But why They could stipulate in the law that The senior assistant legislative clerk are we taking this chance? It makes they pass, for example, that if we are proceeded to call the roll. absolutely no sense. wrong and don’t end up spending or Mr. FLAKE. Mr. President, I ask While I am happy that the Senate needing anything close to $1.9 billion unanimous consent that the order for will hopefully take action on this or even $1.1 billion, that the taxpayers’ the quorum call be rescinded. issue, I am concerned about what I money will be returned to the Treas- The PRESIDING OFFICER. Without hear coming from the House. I am glad ury. But let’s not play with fire. objection, it is so ordered. that they are finally beginning to move As of now, there are 112 people in the Mr. FLAKE. Mr. President, I come to on the legislation and that something State of Florida who have been in- the floor to speak with regard to pro- is happening, but I am very concerned fected. We have many more American viding funding for the emerging Zika about the direction of their own fund- citizens who have been infected in crisis that the Senate will be consid- ing measure. Their funding measure Puerto Rico. There are many unborn ering on the floor today. isn’t even $1.1 billion. It is $622 million, children who are at risk, and many We in this body and the entire Con- and quite frankly, that will not cut it. more will be impacted once mosquito gress over the past several years have If we don’t spend more than that on the season sets in. At the end of the day, provided a lot of additional health-re- front end, I believe we will spend a lot these are the people we should be fight- lated supplemental funding. In fact, more later on because the problem is ing for, and quite frankly, we can do over the past 13 years, roughly $19 bil- not going to go away, and it certainly much better than what the House is lion has been directed toward health- will not go away with $622 million to proposing. related emergency supplemental fund- combat it. This is concerning to me be- This is a devastating disease. It has ing. This, of course, does not include cause even if we do manage to pass the taken lives throughout our hemi- the hundreds of billions of dollars in

VerDate Sep 11 2014 00:48 May 18, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.007 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2839 other supplemental spending that has would suddenly be arriving on our ready authorized the distribution of circumvented the budgetary oversight shores for which we would have no thousands of prevention kits for preg- process. knowledge and no tools. These are nant women across the entire State. With a national debt of $19 trillion, basic public health tools related to Those kits cost about $130,000 to put to- we have to make sure we budget for mosquito control and helping women of gether and to distribute. Maryland is these types of emergencies. When we childbearing age. doing this on its own dime. Well, mos- have appropriated on a supplemental If we refuse to act, this will be a self- quitoes are a national consequence and basis $19 billion over the past 13 inflicted wound on our own people, and even an international one. years—supplemental health funding— the consequences are dire. For those The counties in Maryland are doing then we know we need to budget for who care about children—I am sure we their job—again, not Democrat or Re- this type of crisis and not simply go have already seen what has happened publican. Again, my Governor is a the supplemental route and go out south of the border with little children staunch fiscal conservative, but he from under our budgetary caps. being born with microencephalitis. My knows public health saves money, I will support cloture today on the gosh, it is heartbreaking. It is heart- along with helping people with their measure that includes an offset. We breaking for the little child with a lim- lives. have to be more fiscally responsible as ited life expectancy and limited life op- Anne Arundel County, the home of we deal with these crises. This is a cri- portunities, the responsibility that will the State capital, headed by a Repub- sis we need to deal with, but we ought come to the family—usually to the lican county executive, is acting. This to at least attempt to offset that fund- mother—and to the society that will local county is already distributing its ing. I believe taxpayers deserve noth- have to care for that child. own prevention kits. It is not only the ing less than that. Today we are talking about money, State capital, it is the home of the With that, I yield the floor. but we have to think about the human Naval Academy. Everybody is acting I suggest the absence of a quorum. concerns. Both Dr. Freiden and Dr. on their own. The PRESIDING OFFICER. The Fauci have conveyed to me and other In Baltimore City, our mayor is act- clerk will call the roll. Members of this body, particularly ing, working with the Bloomberg The senior assistant legislative clerk those on the Appropriations Com- School of Public Health. We are spend- proceeded to call the roll. mittee and on the Health and Edu- ing local money on mosquito control. Ms. MIKULSKI. Mr. President, I ask cation Committee, that there are other They need help. They need help from unanimous consent that the order for unknown health issues related to those their own government to deal with the the quorum call be rescinded. over the age of 65 or those with com- issue south of the border as they come The PRESIDING OFFICER (Mr. promised immune situations now. If up here, and they need help in their FLAKE). Without objection, it is so or- you have a chronic condition like dia- own communities to be able to fund the dered. betes, you could be subject to really basic public health measures that we Ms. MIKULSKI. Mr. President, it has negative consequences from being bit- know are tried and that we know are been 3 months since the administration ten. We have heard about Guillain- true to be able to do that. I really en- sent Congress the emergency funding Barre. There are other diseases that courage us to be able to do this and not request for Zika, and Congress hasn’t are a consequence of Zika that give ar- to do it by raiding our programs. acted on it. But today we have an op- thritic symptoms that can last for over I absolutely oppose taking money portunity to do so, and I hope we do. 10 years. from the Prevention and Public Health We will have pending before the Con- Why don’t we do something about it? Fund to pay for Zika. The prevention gress three different options on how to We know that mosquitoes carry Zika. fund provides resources to States fund this public health emergency, but We already know they are in several against other public health problems. we must realize it is an emergency, and States. We know Puerto Rico is al- We can’t prepare for and protect we need to have a sense of urgency to ready being hard hit. Sports events and against Zika by taking funds from protect the American people and to other events have been canceled. We other public health activities. We don’t help those south of the border to be know it is down in Florida. Look at the know what the summer and the winter able to cope with it. What are we wait- way Senators NELSON and RUBIO are hold. States could lose as much as 40 ing for? The mosquitoes are here. The working together. We need to act, and percent of their surveillance dollars to mosquitoes have not only come, they we need to act now because we do know track other infectious diseases. have already come. these horrible and devastating impacts. We have been asked for a very I have said in the past that we can’t We have heard eloquent and poignant straightforward set of options. There is build a wall to keep them out—the and even wrenching descriptions of the Nelson-Rubio amendment asking mosquitoes will not pay for it—but it is what happens to children. for $1.9 billion. That is what I support. no laughing matter. The President has I know a topic in our Congress and in It would fully fund our measures, both said we need $1.9 billion to fight Zika the Senate has often been the unborn. nationally and internationally, and to stop it from doing any more harm. Well, we really want to protect the un- particularly help deal with the spread That is what I am fighting for. We born, and this is the way to do it. We of this disease and helping local com- know we need to get the job done. have to stop the mosquitoes through munities. It is not just Senator BARB talking. mosquito control. I reject another amendment that will The World Health Organization has de- This is basic public health. We also be coming, offered by the Senator from clared Zika a public health emergency. have to work with those women who Texas, Mr. CORNYN, who is well inten- The President declared it as such. The are pregnant or of childbearing age to tioned, and I appreciate his sincere in- Centers for Disease Control and Pre- know about the consequences and what terest in this. But he is robbing the vention, through Dr. Freiden, has said actions they can take to be able to do prevention fund. We need an urgent this is a national and international that. We need to be able to do this at supplemental. This was an unexpected emergency. And Dr. Fauci, head of the the Federal level. Congress needs to event, which means that it is tem- Institute of Infectious Diseases and act. porary, it is unexpected, and we need Neurology at NIH, whom we have They are already acting at a local to deal with it. turned to on so many occasions, has level, but they are spending local I really want to congratulate—I also said it. So every public health en- money to be able to do it. My own Gov- know Senator BLUNT and Senator MUR- tity has validated that this is a serious ernor, a Republican, Larry Hogan, is RAY have been working on another op- public health crisis. acting. He convened a task force. He tion if the other two fail. Whatever it We can prevent its dire consequences. pulled his public health people to- is, at the end of the day we need to Through action, particularly related to gether. He ordered his own health de- take action. This is a public health mosquito control and working with partment to coordinate education and emergency. We need to deal with it in pregnant women and women of child- awareness with local health depart- the most expeditious way. I know bearing age, we can deal with this. This ments in Maryland. I salute Governor every Senator here is concerned about is not some unknown disease that Hogan in taking that action. He has al- it.

VerDate Sep 11 2014 00:48 May 18, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.009 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2840 CONGRESSIONAL RECORD — SENATE May 17, 2016 The mosquitoes have already come to been an either-or scenario. There has tion in a new way, and we will get to Maryland. What we don’t want is to be never been a scenario where we are ei- look at it in a new way. stung by its consequences. So let’s get ther going to rubberstamp the adminis- If the administration had been a lit- on with the business of the day. I tration’s request or do nothing. That tle more transparent at first, maybe we thank my colleagues for dealing with straw man will not work. That is not could have reached this point earlier. this issue now. the situation. But to suggest that the Congress has I yield the floor. We need to evaluate this request. The needlessly delayed funding is both un- The PRESIDING OFFICER. The Sen- request has certain items the adminis- fair and untrue. ator from Missouri. tration asks for that I think if you I also think that this is the time we Mr. BLUNT. Mr. President, I want to look at them not even very closely— can move forward. The role of the Ap- talk about the amendment I have of- and certainly when you look at them propriations Committee is to look at fered with Senator MURRAY and Sen- closely—you find out they are unneces- this and to see that the money appro- ator MIKULSKI and Senator COCHRAN. sary, they are unwarranted. priated is going to be spent in the right The chairman and the ranking member This is a bill designed to address an way. of the Appropriations Committee have emergency situation, not a bill de- In the meantime, the administration joined in that amendment, as have signed to make the most of an emer- has made available to the Zika crisis Senator GRAHAM and Senator LEAHY. gency. For example, the administra- almost $600 million. Mr. President, $589 The committees involved are truly tion’s proposal has a request for the million is a lot of money. It is particu- looking at this, trying to find a way building and expansion of new Federal larly a lot of money when it is basi- forward that allows us to take action. buildings; $85 million of that initial re- cally one-third of what was being asked We do need to take action, as my good quest was to build new buildings. There for. Whether what was being asked for friend from Maryland has just so well is no way those buildings would prob- was necessary or not, $589 million of explained. ably even be started during the so- unobligated funds that were available There is no vaccine. There is no sim- called emergency timeframe or during in other places have been brought to ple diagnostic test. There is no way to the real emergency timeframe. Cer- this cause. treat the virus once you get infected. tainly they would not be of use during The fact that the administration did So communities really don’t have very the timeframe. That is not a real rea- that shows in a good way just how seri- many options right now. The limited son to ask for money; it is just an ex- ous they are about the crisis. If this resources they have to manage the one cuse to ask for money. The Congress were not a real crisis, they would not thing we can do something about im- could, should, and I believe will say: be taking $589 million that in some mediately besides education—the local No, we are not going to do that. process would be spent somewhere else mosquito population—are resources The second request I would like to and say: Listen, we need to spend this that are not nearly adequate to meet point out today, the request to provide on Zika right now. But for the people the current need. the department of health with $175 mil- we work for, it is important to under- At this time, there is no way to fully lion of that $1.9 billion, was just a stand that $589 million is being spent prevent the infection, leaving high-risk slush fund. It was just a fund with vir- on this, and that is no more than what populations at risk, especially preg- tually unlimited authority to transfer would possibly have been spent if this nant women or women trying to get that $175 million or any part of it to appropriation would have happened the pregnant. That seems to be the popu- any purpose of any Federal Govern- day the administration asked for it. lation where the impact of this dis- ment agency. ease—the impact of this Zika infec- There may be some purposes in this The Appropriations Committee took tion—has not only the most short-term emergency we don’t know about yet, the necessary time to understand the but the most long-term implications but they are not going to be $175 mil- funding needs and response require- because of microcephaly and other lion, and they are not the kind of emer- ments to ensure that we protect all things that are going to be impacting gency appropriations you couldn’t get Americans, including taxpaying Ameri- children born. by other means where the Congress is cans. We worked in a bipartisan man- I am told by the Centers for Disease clearly involved. We did not provide ner to provide the Department of Control and Prevention that every in- this kind of funding in the Ebola crisis Health and Human Services and the dication now would be that once you when the Democrats were in charge of Department of State with targeted have had Zika, you cannot get it again. the Senate. We should not provide it funding to respond to Zika. It becomes the inoculation, so just be- today. Today we have that result, a bipar- cause you get Zika and may at a later There is no reason for a $175 million tisan amendment worked out between time become pregnant, you are not undesignated fund to be used anywhere the leaders of the Appropriations Com- likely to have the same thing. That is in the Federal Government, any more mittee and the Labor HHS and State one of the studies going on, to verify than there is a reason to take $85 mil- and Foreign Operations Subcommittees for sure that is the case and also to lion and build a new Federal building, to meet this emergency. Specifically, I verify for sure how long after you have and say ‘‘Well, it is part of the Zika worked with my ranking member on had Zika that pregnancy can still be a emergency’’ because it clearly is not. If Labor HHS, Senator MURRAY, to reach problem. there is a need for a Federal building at an agreement that will provide $850 This is a growing problem. There are CDC, the Centers for Disease Control million to the Department of Health already 650 confirmed Zika cases in the and Prevention can come to the Con- and Human Services to respond in a U.S. territories, with the majority of gress and make that case. That is the three-pronged strategy. those being in Puerto Rico. There are way that should be done. First, that Department is to provide over 500 travel-associated cases of Zika If this amendment prevails today, the funds necessary to develop vaccine in the United States. If they got it that money will not be available. It is candidates, therapeutics, and new diag- here, it has been through sexual trans- not unreasonable to ask the adminis- nostic tools. mission and not from the mosquitoes tration for details on what activities Secondly, the Centers for Disease themselves because obviously it is not would be funded. What are their prior- Control and Prevention will be able to mosquito season yet, but that is very ities, and when would they realistically focus responsible efforts domestically close. spend these funds? and internationally on the highest pri- This is a public health threat and The $1.1 billion emergency fund ority activities, such as vector control, clearly an emergency. This is not would take us through the end of not emergency preparedness, and public something we can plan now to deal just this fiscal year but the next fiscal health outreach. with 2 years from now because 2 years year, about the same time we would Finally, the supplemental provides from now would be too late to deal hope in talking to the National Insti- targeted funding to Puerto Rico, which with this crisis. However, I want to tutes of Health that a vaccine will be public health experts believe will be make clear that our deliberations over available. Once a vaccine is available, the most at-risk area in a Zika out- the supplemental request have never we will need to look at this Zika infec- break.

VerDate Sep 11 2014 00:48 May 18, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.011 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2841 Additionally, this amendment, with Osceola County Commission, saying American citizens on the island of the work of Senator GRAHAM and Sen- that they desperately need the funds as Puerto Rico are going to be infected by ator LEAHY, includes $248 million for they are out of funds for mosquito con- the end of the year; that is, 800,000 peo- the Department of State and USAID to trol. ple just there. support other affected countries’ abil- There being no objection, the mate- Already in the United States, we ity to implement programs to reduce rial was ordered to be printed in the have over 1,000 cases reported in 45 the transmission of the virus. RECORD, as follows: States; 113 of those 1,000 are in Florida. This amendment is a targeted re- MAY 12, 2016. Most of them are in South Florida, sponse providing the funding needed Subject: Mosquito Control—Urgent Need for Miami-Dade County. Yesterday we just through 2017. It includes funding for Funding had another case that brought that priority initiatives focused on preven- EMERGENCY FUNDING REQUEST, total to 113. Those 113 cases are spread Florida Department of Health Emergency tion, control, and treatment. It does Prepardness and Response, Tallahassee, all over the State of Florida. not include funding for unessential re- FL. The community leaders, as indicated quests. On February 04, 2016 Governor Scott de- by this letter from Osceola County, are I hope at the end of the day all Mem- clared a state of public health emergency for saying they are out of funds. Help. This bers find a way to meet this emer- four Florida counties. This public health is an emergency. With four reported gency. I believe the bipartisan amend- emergency has placed Osceola County under cases of the virus so far just in that ment we are offering is the most likely significant financial pressure. Our program county, which is near Orlando, they of these amendments to meet the need. is locally funded with an annual budget of less than $500,000 for arthropod control, so have determined they will need to tri- Certainly, in my view, it is the amend- the County does not have the additional re- ple their annual budget for mosquito ment that has taken the most focus on sources to address this catastrophic public control. exactly what is needed to meet this cri- health emergency. The county manager writes: sis and meet it now. At the time of the Governor’s Declaration, This public health emergency has placed I yield the floor. Osceola already had ceased operations and Osceola County under significant financial The PRESIDING OFFICER. The Sen- gone into off-season mode. However, on Feb- pressure. ator from Florida. ruary 05, 2016, local media covered the first County resources are exhausted, and funds Mr. NELSON. Mr. President, I would case of Zika virus in Osceola County. Since are not readily available to respond to this say to the Senator from Missouri that then, the virus has expanded into several disaster. Lives are at stake. other areas and resulted in a substantial Think about what the House has while this Senator is most appreciative service demand increase, and the number of that he and Senator MURRAY have Zika cases is still climbing, even as re- done—a $600 million Zika bill. That is come forth in a bipartisan fashion with sources are being depleted. Media continues nowhere what we need. Such a figure is about half of the funding that this Sen- to report that the positive cases are all trav- not only absurd, it is an insult to the ator—also in a bipartisan proposal, el-related—with Central Florida hosting men and women who are on the since my colleague from Florida, Sen- more than 63 million visitors annually, and frontlines trying to battle this virus. ator RUBIO, is the sponsor of this with Osceola County’s predominant Hispanic These are local governments, such as amendment with this Senator, I would demographic, we are the epicenter for this the one I mentioned in Osceola County. life-threatening virus. point to the Senator’s own words com- Current staffing levels are not sufficient to We have an opportunity to respond. mending the administration that they meet this emergency. County resources are This Senator understands it is al- recognized that this was crisis enough exhausted, and funds are not readily avail- ready baked in the cake. Even though to go in and borrow $580 million from able to respond to this disaster. Lives are at this proposal by Senator RUBIO and me the Ebola fund to get started, since we stake. is bipartisan, it is already baked in the couldn’t get Congress off dead center To date, we have tried to be as creative as cake that it is going to be the $1.1 bil- until now. possible, reallocating staff and other depart- lion, but beware. The crisis is looming. mental resources to respond to the public We haven’t gotten an effective method I commend Senator BLUNT and Sen- threat. We have shifted larvacide staff to go ator MURRAY for their action. I com- door to door, conducting Zika sweeps in re- for controlling the mosquito. We do not mend the leadership for being willing sponse to service calls. This shifting of staff have a vaccine. All of these things take to put this on the T-HUD bill, appro- has reduced our ability to larvicide, which time, they take money, and it is going priations bill, but for the Senator to creates a catch-22 situation—larva not elimi- to need research. There is $277 million suggest that he raised that point that nated today become biting adult mosquitos in this proposal that Senator RUBIO it was such an emergency—$589 mil- tomorrow. While it’s hard to predict all the and I think needs to go to the National lion—but the Appropriations Com- potential mosquito control needs for the re- Institutes of Health to accelerate their mainder of this year, the continuing emer- research for a vaccine and other basic mittee proposal only replaces the $589 gency situation and citizen anxiety con- million that has been taken from the tinues to require a heightened awareness and research. Ebola fund. It replaces, replenishes it response. When you compare the two com- only with $88 million instead of $589 Below is a list of currently identified fund- peting provisions out here today—the million. ing shortfalls, with potentially more to come committee position and ours—going to By the way, the news just broke. as the summer trap numbers rise. Puerto Rico, ours is $250 million. That There is another outbreak of Ebola. island is devastated—$250 million for This Senator is not here to talk Additional full-time temporary staff to perform day time Medicaid funds. What is in the com- sweeps and Larvicide ...... $200,000 about Ebola. This Senator is on the Funding for increased aerial spraying ...... 100,000 mittee report is $126 million—half. floor to talk about another health care Additional Back Pack Sprayers (5 X 1800.00) ...... 9,000 For example, take the $743 million in medical emergency, of which there is Extra on-hand fuels, chemicals, dry ice and baits ...... 50,000 our proposal for the CDC, the Centers Private contractor for Tire pile removal ...... 250,000 well over 100 cases in this Senator’s 5 spray trucks with mounted sprayers to increase fre- for Disease Control. In the committee, State of Florida. Senator RUBIO and I quency of adulticide treatments county wide ...... 200,000 there is $449 million. Overall, take the are desperately trying to help. Additional funding for spray driver pool (to compensate for funding to HHS. There is $105 billion in Before Senator BLUNT leaves, I wish additional work for night-time drivers) ...... 80,000 ours and roughly half, $850 million, in to say one other thing. He mentioned Total initial request ...... 889,000 the committee provision. that we need to control the vector. I think we should not nickel-and- What does that mean? The vector is Respectfully, dime our response to what the World the gremlin that spreads the virus; DONALD FISHER, Health Organization has said and al- that is, the aegypti strain of mosquito. County Manager, Osceola County BOCC. ready declared a public health emer- That mosquito is now all over the Mr. NELSON. What Senator RUBIO gency of international concern. The ur- southern United States, especially in and I have is an emergency appropria- gency is now and we ought to do the Puerto Rico, and mosquito control tion of $1.9 billion, although it is not right thing. costs money. treated that way in this appropriations I conclude by staying we have the Mr. President, I ask unanimous con- bill. Olympics in a few months in Rio. sent to have printed in the RECORD a The Centers for Disease Control pre- Brazil is covered with Zika infestation letter from one of my counties, the dicts that up to 25 percent of our fellow and infection. Remember, it cannot

VerDate Sep 11 2014 02:59 May 18, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.012 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2842 CONGRESSIONAL RECORD — SENATE May 17, 2016 only be transmitted by the mosquito, work in negotiating this language. I Last month the Obama administration the aegypti, but it can also be trans- am going to support their amendment announced it would redirect, on an in- mitted sexually. as well so our Nation’s public health terim basis, almost $600 million from Also, remember the doctors do not officials can take all necessary actions other public health accounts to pay for know—other than to suspect that it to combat the spread of this virus. Zika-related activities. I believe the can be transmitted to the pregnant As we have heard, the Zika virus has President made the right call in light woman any time during the 9 months spread explosively throughout Central of the circumstances and the dire of pregnancy and it may not show up in America and South America. In fact, it threat that is posed by the Zika virus. the infant until years later in some de- has already reached Puerto Rico, other Now, however, it is time for this Con- velopmental issue. They do know that U.S. territories, and is expected to gress to do our job. It is my hope that in the first trimester of pregnancy, the spread further north as the weather we can come together in passing an infected virus is producing the babies continues to warm. amendment offered by our colleague with microcephaly. Such a case was Researchers have learned much about from Florida, Senator NELSON. How- just reported with an infected pregnant this virus in just the last couple of ever, if we are unable to fully fund the woman in Puerto Rico. months. Their findings are indeed trou- President’s request, I believe the fund- We have not heard the last of this, bling. ing provided by the Blunt-Murray and you are going to see it magnified Last month the Centers for Disease amendment will go a long way toward with regard to the Olympics. Sooner or Control and Prevention announced supporting the many efforts currently later we are going to have to face the there is now enough scientific evidence being undertaken by the administra- music. It looks like we are going to to confirm what many have long specu- tion to combat Zika. I urge my col- face the music with about half of the lated—the Zika virus is the direct leagues to join me in providing the appropriation today. Ultimately, this cause of severe birth defects. funding needed to stop the spread of is a full-blown emergency. Further complicating matters, it now the Zika virus. I yield the floor. appears that the mosquito primarily Mr. President, I will close with this: The PRESIDING OFFICER. The Sen- responsible for transmitting the virus When the President gave his State of ator from Delaware. has a wider presence in the United the Union speech—I think right after Mr. CARPER. Mr. President, while States than we had originally thought. the 2014 election—he had up in the Gal- our colleague from Florida is on the I have two maps. We will look at the lery sitting next to Mrs. Obama some floor, I thank him for being a loud and first one. of the folks who helped lead the fight vocal proponent and for taking swift The blue color is not good. Orange is against Ebola in Africa. There were action. I thank the Senator for leading less dangerous, less threatening in doctors, nurses, and other people who the fight. terms of the mosquitoes. The combina- developed vaccines and that type of Mr. NELSON. I thank the Senator for tion of the blue and the orange is trou- thing. It was a proud moment for our his support because he recognizes the bling. If you look at the combination of country about 3 months after the elec- emergency. blue and orange, it means that the two tion, the early part of 2015. Mr. CARPER. Mr. President, I rise in most worrisome mosquitoes are going We were not directly threatened here support of emergency supplemental to be covering the southern half of our by Ebola. They lost 40,000 people in Af- funding for Federal efforts to combat country this summer. rica, in the western part of Africa. For the impending threat of the Zika virus. The areas to the northeast and the the most part, there were a lot of scare Reports of the spread of this virus Midwest, to the northern part, are tactics about Ebola used in the runup are concerning. Actually, they are somewhat less troubling, but my State to the election here in this country, troubling, not just for public health of- of Delaware is right here. but the actual threat, in hindsight, was ficials but for many Americans who are Arizona, the State of the Presiding not that great. What we did was we reached across reading about it in the paper and see- Officer, is right over here. Senator the world and we invested a lot of tax- ing coverage of it in the news almost NELSON’s State is right here. The only payer resources to help people who by the hour. Families are reconsidering person on the floor whose State looks were in a terrible situation. We helped vacations they had planned, especially like they are going to escape is Maine. save literally hundreds of thousands of to more tropical locations. Senator COLLINS is here. Maybe she is lives—their lives; not so much our lives As we approach the mosquito season, in the clear, but she is here to help lead but their lives. This is different. This is people are understandably worried the fight to make sure we are all in different. What we have at stake here about how this outbreak will affect this together and we are looking out is our lives and the quality of our lives them and their families, not just to go for each other. and the ability of women to bring I wish to show another map. Major on a vacation and camping but lit- healthy babies into this world. It is not cities across the East Coast, including erally to go outside and have a cookout just us, it is our friends to the south of in the District of Columbia, could be or eat out on the porch. us in Mexico, Central America, South We need to continue working to fully hit hard by the Zika virus. America, the islands of Puerto Rico With mosquito season upon us and understand and combat the health and Cuba. We are all in this together. risks that are posed by Zika. Just like with more than 500 travel-related cases This is an all-hands-on-deck moment, our response to Ebola, our response to already diagnosed within the conti- and we need a good team effort. The Zika must be an all-hands-on-deck ef- nental United States, we must be pre- Senate is going to vote today on fort. pared for the possibility of outbreaks whether we are going to be a full part- In February, President Obama sub- in some parts of this country. That is ner in that effort, and we need to be mitted a $1.9 billion emergency supple- why I was glad to see President Obama that full partner. We need to do our mental funding request to Congress to and his administration take an early job. And this is one of those days that bolster programs and activities which and proactive role in addressing Zika. I am confident and hopeful that we would curb the spread of this virus. Some of the actions already under- will. Given the real threat posed by Zika, I taken by Federal agencies include as- Mr. President, I yield the floor. I support the funding level requested by sisting State and local governments in note the presence of the Senator from the President. I intend to vote for the mosquito-control efforts and ensuring Hawaii, which hopefully will not be af- amendment offered by our colleague that local health officials have the fected by this virus. I am happy to from Florida, Senator NELSON, which equipment they need to test people for yield to her. would fully fund this request. this disease. I thank the Chair. With that being said, I understand We also know that promising ad- The PRESIDING OFFICER. The Sen- that a bipartisan agreement on funding vances are being made in medical coun- ator from Hawaii. has been reached between Senator termeasures and vaccine development. Ms. HIRONO. Mr. President, our Na- BLUNT and Senator MURRAY, which To date, these efforts have required the tion is facing a serious threat to public would provide $1.1 billion toward the transfer of resources from other prior- health. The Zika virus has the poten- Zika effort. I appreciate their hard ities, as we know, including Ebola. tial to be a major public health crisis.

VerDate Sep 11 2014 00:48 May 18, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.014 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2843 According to the Centers for Disease The Federal Government should play solution such as this, it sometimes cre- Control, there are over 500 cases in the a leading role in coordinating and as- ates a new set of problems. So far in United States, including 9 in Hawaii. sisting local and State governments addressing Zika, we have forced the ad- Currently, all of these cases are travel- with mosquito control and supporting ministration to pull money from the related. There are 700 cases in U.S. ter- the latest research, much as we stepped CDC for Ebola or from States to ad- ritories, almost all of which were lo- up with Federal support when con- dress public health risks. If you want cally acquired. Summer, which is the fronted with Ebola and avian flu. to find savings, there are plenty to be peak travel season and peak mosquito While there are three Zika funding had in the Tax Code, including the season, is almost upon us. Every year, measures before us today, I strongly more than half a trillion dollar pack- 40 million Americans travel to Zika-af- urge my colleagues to join me in vot- age that was passed in December, and fected countries. It is just a matter of ing yes on Senator NELSON’s amend- not a penny was paid for. There was time before the threat of locally trans- ment to fully fund the President’s re- $622 billion in tax subsidies—some mitted Zika becomes a reality in the quest at $1.9 billion. great things in there, some question- United States. Mr. President, I yield the floor. able things in there—and not a penny Although the President sent his The PRESIDING OFFICER. The Sen- of it was accounted for and paid for emergency funding request to fight ator from Hawaii. properly. Zika to Congress more than 3 months Mr. SCHATZ. Mr. President, what we Regardless of your side of the aisle, ago, I am glad to see Democrats and do next on Zika is not an ideological we can all agree that this is the one Republicans coming together now to test; it is a test of our basic com- thing the government ought to do: prevent a major U.S. Zika outbreak. petence. It has nothing to do with one’s keep us safe. Public health experts at the Centers views on the size and scope of the Fed- Thank you to Senator RUBIO and oth- for Disease Control, Department of eral Government because, after all, if ers for their calls to make Zika funding Health and Human Services, and else- you believe the government should do nonpartisan. Investing in the CDC and where in the administration have said even just a few things, preventing a other agencies will protect our citizens that $1.9 billion is needed to fight the catastrophic epidemic has to be one of from horrific diseases and shouldn’t de- Zika virus. them. pend on your philosophy regarding the During the Senate’s last State work Zika is a public health emergency, size and scope of the Federal Govern- period, I met with Hawaii researchers and we have to act now to fund $1.9 bil- ment. and health care providers, who agreed lion in supplemental funding to address Let’s do our job. Let’s keep the peo- that we need this Federal funding to it, as requested by the public health ex- ple of the United States safe. Let’s get ahead of Zika. This funding would perts. fund this emergency for Zika and keep go toward our vector-control programs, I congratulate Senators NELSON, us safe from Ebola and other dangerous education, and vaccine development. RUBIO, BLUNT, and MURRAY for working diseases. I visited a Hawaii company—Hawaii across the aisle to reach these agree- Mr. President, I yield the floor. Biotech—that is working on a Zika ments, and I would especially like to Mrs. FEINSTEIN. Mr. President, vaccine. This company has a proven offer my support for the Nelson-Rubio today I wish to speak about the urgent track record in developing vaccines. $1.9 billion compromise. The Nelson- need for Congress to approve emer- Hawaii Biotech has spent months Rubio amendment provides the full $1.9 gency funds to fight the Zika virus. working to develop a Zika vaccine billion in Zika funding through the fol- The Zika virus is a rapidly growing using private funding. At this critical lowing: approximately $743 million for public health threat, and the stakes for point of vaccine development, Dr. El- the CDC, $277 million for NIH, $335 mil- women are particularly high. I strong- liott Parks and his team at Hawaii lion for USAID, and $417 million for the ly believe Congress should approve the Biotech agree that a public infusion of State Department. And here is an im- full $1.9 billion requested by the admin- funds will help them get over the finish portant aspect of it: It also pays back istration to fight the virus. Investing line. the borrowed Ebola money that we the required resources now will mean I also had the opportunity to visit need to ensure that countries stay pre- fewer cases of Zika down the road. with Governor David Ige, the Hawaii pared to prevent another Ebola crisis. The virus is carried by two species of director of health, and health care pro- There are a few proposals to pay for mosquito. They are found in 40 States viders. They all shared one message: this, but I want to make the following in this country. These mosquitos have that Federal funding is critical to get- point: This is an emergency. It fits the been found in 12 counties in California, ting ahead of a widespread Zika out- definition precisely, and so it shouldn’t including the five most populous: Los break. require a so-called pay-for. Angeles, San Diego, Orange, Riverside, The funding we are voting on today I would like to say something to the and San Bernardino. More than 20 mil- could help companies like Hawaii Members who have rediscovered their lion people live in these counties. Biotech develop a much needed Zika fiscal conservatism. Remember that we There have been 503 travel-related vaccine. It would help States like mine just passed a $622 billion tax subsidy cases in the United States so far, increase mosquito control and aware- package last December, and none of it meaning an individual was infected ness on Zika. was paid for—more than half a trillion during a trip to Latin America, South Zika is not the benign virus we once dollars not paid for—and 5 months America, or the Caribbean, where the thought it was, and funding only be- later we are nickeling-and-diming the virus is widespread. comes more urgent as we learn about Centers for Disease Control. There have not yet been any reported its harmful effects. Zika poses an im- I recently visited CDC headquarters cases of local transmission in the con- minent threat to pregnant women and, in Atlanta to learn more about their tinental United States, although more in reality, to all women of childbearing efforts to combat Zika, dengue, and than 700 cases have been reported in age. By now, we have all seen the other vector-borne diseases. I have U.S. territories, including one fatality harmful impacts Zika has on babies. total confidence in the CDC’s ability to on April 29. It is only a matter of when, The images and reports of babies born respond to challenges like Zika, but we not if, we see the first case of local with microcephaly are heartbreaking. have to give them the strongest fund- transmission, particularly as we ap- Zika can threaten our Nation’s supply ing possible to make sure they can do proach the summer, when mosquitos of donated blood. While blood banks their good work. And taking money are most active. By July, 7 States are across the country are working on away from the Prevention and Public expected to see high mosquito activity. methods to clean and test blood, they Health Fund will strip CDC and other While scientists are still working to need funding to accelerate their re- important agencies of the funds they understand the effects of the Zika search. need to protect our country from with- virus, they are more serious than we Congress can take steps to ensure the in and from without. initially thought. Zika causes severe, safety and well-being of all citizens. We It is fair to say that this is a Con- brain-related birth defects in babies can be proactive, not reactive, to im- gress that has struggled to do its job. when women are infected during preg- pending threats such as Zika. And even when it stumbles through a nancy.

VerDate Sep 11 2014 00:48 May 18, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.015 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2844 CONGRESSIONAL RECORD — SENATE May 17, 2016 Microcephaly, one of the most seri- address mosquito populations and dis- spray under EPA’s permit and a pest ous effects of Zika, causes babies’ tribute testing kits. If we don’t ap- emergency is declared at the local, heads to be much smaller than normal. prove the necessary funds now and State, or Federal level, pesticides can In severe cases, you will also see sei- Zika spreads, funds approved later may be immediately sprayed to address the zures, developmental delays, intellec- not be as effective. health concerns without approval by tual disabilities, feeding problems, and Past is prologue, and we have seen EPA or a State. hearing and vision loss. the effects of similar health crises. I In the case of Zika, States or local The Centers for Disease Control and remember when rubella was widespread governments can declare a pest emer- Prevention continues to research the in the United States before a vaccine gency under the general permit in virus, and it could be several years be- was available. This is also a disease areas where they believe Zika-carrying fore the full range of health effects is with mild symptoms. It spread easily mosquitos may be a problem, and they known. and was particularly dangerous for can immediately begin spraying pes- The most common way people con- pregnant women and their babies. ticides to control the spread of the tract Zika virus is through mosquito The rubella vaccination campaign in virus. bites, but there have been documented 1969 was critical to stopping this dis- These requirements are a common- cases of the virus being spread from ease, which infected 12.5 million people sense approach to ensure gallons of ex- men to women through sexual contact. from 1964–1965. In 2004, the United cess pesticides are not dumped into our Scientists now believe sexual trans- States was declared rubella-free. We’re waters, and they provide sufficient mission is more common than initially down to an average of 11 travel-related flexibility to address public health thought. cases per year. threats, such as Zika. Zika symptoms are mild—fever, rash, The point is we know enough about The Cornyn amendment is not about and joint pain—meaning that many the Zika virus to understand that it is improving the response to Zika. It is a people may become infected and spread a serious threat. We also know from backdoor attempt to gut the Clean with disease without knowing they history how important it is to address Water Act, one of our Nation’s bedrock have it. Unless we act now, we could public health threats as early as pos- environmental laws. end up with a significant number of sible. This is especially important I urge my colleagues to oppose the Zika carriers who don’t know they are when the virus is carried by an insect Cornyn amendment and help keep our infected. as common as mosquitoes and the ini- waterways clean. As I mentioned previously, the ad- tial symptoms of the disease are mild The PRESIDING OFFICER. The Sen- ministration has asked Congress for or even undetectable. ator from Maine. $1.9 billion in emergency funding to In closing, Congress cannot afford to AMENDMENT NO. 3922, AS MODIFIED stop the spread of the Zika virus. Sen- delay. I strongly urge the Senate to ap- Ms. COLLINS. Mr. President, I ask ator NELSON introduced a bill, which I prove the administration’s sensible re- unanimous consent that notwith- have cosponsored, to provide the full quest to fight this growing public standing the adoption of the Feinstein- $1.9 billion. Senator NELSON and Sen- health threat. Thank you. Portman amendment No. 3922 that it ator RUBIO have also introduced an Mrs. BOXER. Mr. President, today I be modified with the changes at the amendment to the bill currently under wish to speak in opposition to Senator desk. consideration to provide the full $1.9 CORNYN’s amendment. This amendment The PRESIDING OFFICER. Is there billion. Last week, an agreement was eliminates protections under the Clean objection? reached between Senators MURRAY and Water Act related to spraying pes- Without objection, it is so ordered. BLUNT on an amendment that would ticides into the Nation’s rivers, The amendment, as modified, is as provide $1.1 billion in funding. streams, and lakes to control mosqui- follows: I applaud their efforts and know they toes. Pesticide pollution is a significant At the appropriate place in title II of divi- worked hard to come to agreement on sion A, insert the following: a package that could get broad bipar- problem and a major contributor to SEC. ll. Section 218(g) of the Cranston- tisan support. The Federal Government poor water quality in our Nation’s Gonzalez National Affordable Housing Act will use these funds for a number of water bodies. According to the Envi- (42 U.S.C. 12748(g)) shall not apply with re- prevention and mitigation activities, ronmental Protection Agency, more spect to the right of a jurisdiction to draw including controlling mosquito popu- than 1,800 waterways in the U.S. are funds from its HOME Investment Trust Fund lations, researching and testing for the known to be polluted by pesticides, and that otherwise expired or would expire in virus, educating the public, and devel- many more may be polluted but are 2016, 2017, 2018, or 2019 under that section. oping a vaccine. not monitored. We know that pes- Ms. COLLINS. I thank the Chair. However, I think it is important to ticides harm fish and wildlife and are The PRESIDING OFFICER (Mr. highlight what we are losing by fund- linked to a wide range of damaging PERDUE. The majority whip. ing the Zika response at $1.1 billion human health impacts, including can- Mr. CORNYN. Mr. President, shortly and not $1.9 billion. Reduced funding cer and harm to pregnant women, in- the Senate will vote on three different now will hinder our response in a num- fants, and children. versions of appropriations bills that ber of ways. Exempting pesticide spraying from will provide the needed money to help It will be harder to address Zika in the Clean Water Act is completely un- combat the anticipated challenges we the future, with a potentially higher necessary to control the spread of mos- are going to have with the Zika virus, cost. Notably, the Centers for Disease quitoes to address the Zika virus. In which we have talked a lot about. Obvi- Control and Prevention will receive 2011, EPA issued a streamlined Clean ously, Zika is a threat, particularly to nearly $300 million less. The National Water Act general permit, which al- women of childbearing age because of Institutes of Health will receive $77 lows operators to get one permit for up the horrific birth defects associated million less. The Health and Human to 5 years. The permit requires simple with it, most prominently Services Emergency Fund will receive management techniques and reporting microcephaly, or basically a skull that $83 million less. This means that test- to protect water quality, fish and wild- is smaller than normal, leading to pre- ing may not be as widely available as it life habitat, swimming, and rec- mature death and, obviously, horrific should be, and developing a vaccine reational uses. injuries. may take longer. Most mosquito control districts There is bipartisan support for this There is also $114 million less to fight around the country already have au- legislation. Zika abroad. We live in a global soci- thorization to spray pesticides to con- First of all, we will have a chance to ety. To prevent the spread of Zika trol mosquitoes under this existing vote on the President’s request of $1.9 virus, we must fight the disease where pesticide permit. In addition, EPA’s billion. The biggest objection I have to it is, not wait for it to come here. permit includes provisions to allow im- that $1.9 billion is that it really doesn’t It’s also important to note that we mediate spraying to address public come with a plan that says how the can’t launch prevention and mitigation health emergencies. If a local govern- President will spend that money. It activities overnight. It takes time to ment is not currently authorized to also is not paid for. As the Presiding

VerDate Sep 11 2014 00:48 May 18, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.058 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2845 Officer well knows, we have a huge na- JUSTICE AGAINST SPONSORS OF narrowly tailors the immunity excep- tional debt, and there is no reason to TERRORISM ACT tion in several way. just gratuitously rack up more debt in Mr. CORNYN. Mr. President, all of us First, it is limited—like the Foreign order to deal with this public health remember the horrible events of Sep- Sovereign Immunity Act’s ‘‘tort excep- concern. tember 11 and the grief and pain so tion’’—to physical injury ‘‘occurring in There is a second vote we will have many people went through in New the United States.’’ The act of inter- on a $1.1 billion appropriations bill. York. Roughly 3,000 people lost their national terrorism that causes the in- This is the product of the good work lives. Obviously, the family members jury must also take place ‘‘in the done by Senator ROY BLUNT of Missouri have not forgotten that, and the Na- United States.’’ This focus on U.S. territory avoids and Senator PATTY MURRAY of Wash- tion hasn’t forgotten their loss either. ington. They have cut down the Presi- The Senator from New York, Mr. the issues raised by the State Depart- dent’s request from $1.9 billion to $1.1 SCHUMER, and I have introduced legis- ment regarding section 1605A, the billion, and they believe this will fund lation called the Justice Against Spon- ‘‘State Sponsor of Terrorism’’ excep- the needed work not only of this fiscal sors of Terrorism Act. This is bipar- tion to the FSIA passed decades ago by year but into the next fiscal year as tisan legislation which would enable Congress. Section 1605A permits juris- well. That is also not offset or paid for, Americans and their family members diction over acts that occur anywhere, and I think that is a problem. who lost loved ones on that horrible but is limited to certain states. Second, jurisdiction can only be day to pursue their claims for justice First of all, the House has proposed a predicated on acts of terrorism and not against those who sponsored those acts roughly $600 million bill that is fully on acts of war, as both terms are de- of terrorism on U.S. homeland. offset, so we are going to have some fined under the Anti-Terrorism Act. This bill was reported out of the Sen- differences between the House and the Third, the injury must be ‘‘caused Senate over how we address the Zika ate Judiciary Committee without ob- by’’ the tortious act or acts of the for- virus challenge. jection, and similar legislation passed eign state. This language, which re- The third is a piece of legislation I the Senate unanimously last Congress. quires a showing of jurisdictional cau- have offered that I would certainly ask I believe that kind of unanimous sup- sation, is drawn from decisions of Fed- my colleagues to support. This is fully port sends a clear message: that we eral courts interpreting section 1605A. offset out of something called the Pre- will combat terrorism with every tool Courts interpreting new section 1605B vention and Public Health Fund that we have available and that the victims should look to cases like Kilburn, Rux, was created by the Affordable Care of terrorist attacks in our country and Owens, the analysis of which we in- Act. So there is money in the Treasury should have every means at their dis- tend to incorporate here. now that could help pay for the $1.1 bil- posal to seek justice. Finally, this new version adopts the lion. I should say that about $900 mil- I am grateful for the work of the Sen- language of 1605A regarding the con- lion of it could be paid for now, and by ator from New York, Mr. SCHUMER, in duct of officials, employees, and agents next year there will be more money put introducing this bill along with me and of foreign states. This language incor- into this Prevention and Public Health Chairman GRASSLEY for shepherding it porates traditional principles of vicari- Fund. through the Senate Judiciary Com- ous liability and attribution, including As we can see, the Affordable Care mittee. I also appreciate the support of doctrines such as respondeat superior, Act provides that. This Prevention and a large bipartisan group of like-minded agency, and secondary liability. Public Health Fund is ‘‘to provide for Senators in this Chamber. We worked Mr. SCHUMER. I thank the Senator expanded and sustained national in- with a number of Senators, including from Texas. vestment in prevention and public the Senator from Alabama and the My friend the senior Senator from health programs.’’ I can’t imagine any Senator from South Carolina, who ex- Texas is exactly right: we have made more urgent public health program or pressed concerns about earlier versions several changes to the bill since the one that we should be looking to pre- of the legislation. I appreciate their last time it was introduced—and vent more than this particular threat, willingness to work with us to deal passed—to make it as narrow and tar- the Zika virus. with their concerns in a way that now geted as possible. has gained their support. I would point out that the Prevention I join him in thanking Senators SES- This legislation amends the Foreign SIONS and GRAHAM for working with us and Public Health Fund has been used Sovereign Immunities Act passed in to fund some things—many good to strike the right balance. 1976. So we already have a piece of leg- I have two points on this. things, some which I think are ques- islation on the books that waives sov- Congress addressed terrorism under tionable, like promoting free pet ereign immunity under some cir- the FSIA decades ago, in what became neutering, encouraging urban gar- cumstances, but the problem is that it section 1605A, the exception for ‘‘state dening, and boosting bicycle clubs. Cer- does not extend to terrorist attacks on sponsors of terrorism.’’ I want to make tainly, prevention of these horrific our homeland by countries and organi- clear that JASTA is responding to a birth defects and the threat of the Zika zations that have not already been des- very specific issue about terrorism on virus spreading through the conti- ignated as state sponsors of terrorism. U.S. soil. It is not our intent to imply nental United States and its impact on This makes some small changes in that anything about other areas of law. our population is more important than legislation that first passed in 1976 to Other provisions of this statute allow- these. expand the scope of that to allow the ing victims of terror to sue foreign gov- So I ask my colleagues, please, let’s families of the 9/11 tragedy to seek jus- ernments for acts of international ter- deal with this threat in the responsible tice in our courts of law. rorism have a longstanding jurispru- way that we all agree we should, but Mr. President, there are some aspects dence that JASTA is not meant to let’s do so in a fiscally responsible way of the bill that I would like to discuss alter. as well. There is no reason to gratu- in particular, and to that effect I would The new version of the legislation itously add to the deficit and the debt. like to enter into a colloquy with my also includes an important new tool for We can do this in a responsible way friend on a number of points. the executive branch to address litiga- from a public health standpoint and Senators SESSIONS and GRAHAM had tion against a foreign sovereign under fiscally as well. expressed concern that earlier versions section 1605B. Mr. President, I know the Senator of this legislation might be interpreted Section 5 allows the Department of from New York, Mr. SCHUMER, is com- to derogate too far from traditional Justice to seek a stay of the litiga- ing to the floor at noon, and we are principles of foreign sovereign immu- tion—including related cases, not going to present a matter for the Sen- nity and put the United States at risk against the foreign state itself—if the ate’s consideration. I don’t see him of being sued for our operations abroad. government certifies that it is involved here yet, but I am told he is on his We worked extensively with them on in good-faith discussions to resolve the way. So let me turn to that topic, and this issue. matter. This stay can be extended. I know Senator SCHUMER will be here To alleviate the concerns they raised, Of course, if the administration seeks momentarily. the substitute amendment to S. 2040 to use this new authority, it should be

VerDate Sep 11 2014 02:59 May 18, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.018 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2846 CONGRESSIONAL RECORD — SENATE May 17, 2016 prepared to provide substantial evi- Mr. SCHUMER. Mr. President, I so that any foreign entity that would dence of good-faith negotiations to the thank my good friend from Texas for seek to choose to help and aid and abet court such as details about those in- yielding and for the great job he has and do terrorism here on our shores volved in the discussions and their au- done. This is another example of bipar- will pay a price if it is proven that they thority to reach a resolution, where tisan legislation and, in fact, another have done so. and when the discussion occurred and a example of a Cornyn-Schumer collabo- So Terry and the other families are timeline for resolving the matter. ration, which works pretty well around lighting candles—a saintly act. I thank I wish to say a few words about sec- here. them and all the other families as ondary liability under the Anti-Ter- Senator CORNYN and I have intro- well—Monica Gabrielle, Mindy rorism Act, which JASTA addresses. duced this bill for the last three Con- Kleinberg, Lori Van Auken, Kristen The purpose of the Justice Against gresses, first under the leadership of Breitweiser, Patty Casazza—for their Sponsors of Terrorism Act is to hold Senator LEAHY and then under Senator tireless advocacy and patience. foreign sponsors of terrorism that tar- GRASSLEY. It has twice passed without In conclusion, JASTA is long over- get the United States accountable in objection through the Senate Judiciary due—a responsible, balanced fix to a Federal courts. Committee, once by the full Senate. I law that has extended too large a One thing that has come up in our thank Senators LEAHY and GRASSLEY shield to foreign actors who finance discussions of this bill is whether the for their help as well. and enable terrorism on a massive bill’s provisions would extend civil li- The bill is very near and dear to my scale. The victims of 9/11 and other ter- ability under the Anti-Terrorism Act heart as a New Yorker because it would rorist attacks have suffered such pain to situations where someone has been allow the victims of 9/11 to pursue some and heartache that they certainly forced to make payments or provide small measure of justice by giving should not be denied justice. aid to aid to a foreign terrorist organi- them a legal avenue to hold foreign Mr. President, I yield to my col- zation under genuine duress or, for ex- sponsors of terrorism accountable for league from Texas for the unanimous ample, as ransom payments for the re- their actions. consent request. lease of someone taken hostage. This The courts in New York have dis- The PRESIDING OFFICER. The ma- type of conduct is outside the scope of missed the 9/11 victims’ claims against jority whip. traditional aiding and abetting liabil- certain foreign entities alleged to have Mr. CORNYN. Mr. President, I thank ity and our bill does not change that. helped fund the 9/11 attacks. These my colleague from New York for his To sum up, the Foreign Sovereign courts are following what we believe is comments and for his partnership in Immunity Act has been amended, and a nonsensical reading of the Foreign working on this important legislation. amended again, in its relatively short Sovereign Immunities Act. For the Mr. President, I ask unanimous con- life, in order to strike the proper bal- sake of the families, I want to make sent that the Senate proceed to the im- ance between our interests abroad and clear beyond a shadow of a doubt that mediate consideration of Calendar No. the rights of our citizens to obtain re- every entity, including foreign states, 362, S. 2040. dress when they are victims of wrong- will be held accountable if they are The PRESIDING OFFICER. The doing—no matter who the perpetrator found to be sponsors of the heinous act clerk will report the bill by title. is. This version of JASTA would move of 9/11. The bill clerk read as follows: our laws even closer to that ideal bal- My friend, the senior Senator from A bill (S. 2040), to deter terrorism, provide ance. Texas, and I have worked hard to nar- justice for victims, and for other purposes. I yield again to the senior Senator row the bill to strike the proper bal- There being no objection, the Senate from Texas. ance between our interests abroad and proceeded to consider the bill, which Mr. CORNYN. Mr. President, I would the rights of our citizens to obtain re- had been reported from the Committee also like to say a few words about sec- dress when they are victims of terrible on the Judiciary, with an amendment ondary liability under the Anti-Ter- wrongdoing. We had a colloquy for the to strike all after the enacting clause rorism Act, which JASTA addresses. RECORD that goes into more detail on and insert in lieu thereof the following: This bill is called the Justice Against some of the legal nitty-gritty, but we SECTION 1. SHORT TITLE. Sponsors of Terrorism Act. It helps ful- cannot lose sight of the bigger picture: This Act may be cited as the ‘‘Justice Against fill the promise of the original Anti- What this legislation means to the vic- Sponsors of Terrorism Act’’. Terrorism Act, which was intended to tims of 9/11 transcends day-to-day poli- SEC. 2. FINDINGS AND PURPOSE. ‘‘interrupt, or at least imperil, the flow tics. (a) FINDINGS.—Congress finds the following: of money’’ to terrorist groups. So, One of the most impassioned advo- (1) International terrorism is a serious and while JASTA clarifies the rule for sec- cates of this bill is Ms. Terry Strada, deadly problem that threatens the vital interests ondary liability, which may attach to who is seeking justice for her husband of the United States. terrorism sponsors, it doesn’t impact Tom. Tom lost his life in the North (2) The Constitution confers upon Congress other aspects of the ATA that may also Tower on September 11. Terry didn’t the power to punish crimes against the law of make them liable. For example, this just lose a husband; she lost a father to nations and therefore Congress may by law im- bill is not intended to alter how viola- a young son of 7, a daughter of 4, and pose penalties on those who provide material support to foreign organizations engaged in ter- tions of sections 2339A—material sup- a tiny baby boy who was born shortly rorist activity, and allow for victims of inter- port—or 2339C—terrorist financing— after the towers fell. She lost a loving national terrorism to recover damages from can be the basis for direct liability father and her best friend. Terry those who have harmed them. under the ATA. Strada and many others are seeking (3) International terrorism affects the inter- Mr. President, I would add, there is what we would all be compelled to seek state and foreign commerce of the United States already litigation pending by the fami- if we suffered such loss at the hands of by harming international trade and market sta- lies who lost loved ones on 9/11, and hate and evil, which is simply justice. bility, and limiting international travel by right now there appears to be some- The fact that some foreign govern- United States citizens as well as foreign visitors to the United States. what of a split in the Federal courts ments may have aided and abetted ter- (4) Some foreign terrorist organizations, act- with regard to the scope of sovereign rorism is infuriating to the families if ing through affiliated groups or individuals, immunity and whether it applies. This justice is not done. That is what they raise significant funds outside of the United legislation would basically clarify that seek—justice, justice, justice. States for conduct directed and targeted at the both for pending cases and for future Terry and her three children have United States. claims. championed this bill for over a decade. (5) It is necessary to recognize the substantive At this point, I would defer to my They are not cursing the darkness—as causes of action for aiding and abetting and friend, the Senator from New York, for would be human nature to do—at their conspiracy liability under the Anti-Terrorism terrible, unjust, and almost inex- Act of 1987 (22 U.S.C. 5201 et seq.). any statement he would care to make, (6) The decision of the United States Court of and then I would be happy to offer a plicable loss. Instead, her family and Appeals for the District of Columbia in unanimous consent request. many other families have chosen to Halberstam v. Welch, 705 F.2d 472 (D.C. Cir. The PRESIDING OFFICER. The Sen- light candles, to do whatever they can 1983), which has been widely recognized as the ator from New York. to make sure this never happens again, leading case regarding Federal civil aiding and

VerDate Sep 11 2014 00:48 May 18, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 6333 E:\CR\FM\A17MY6.004 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2847 abetting and conspiracy liability, including by ‘‘(1) the terms ‘aircraft sabotage’, The PRESIDING OFFICER. Is there the Supreme Court of the United States, pro- ‘extrajudicial killing’, ‘hostage taking’, and objection? vides the proper legal framework for how such ‘material support or resources’ have the mean- liability should function in the context of the ings given those terms in section 1605A(h); and Without objection, it is so ordered. Anti-Terrorism Act of 1987 (22 U.S.C. 5201 et ‘‘(2) the term ‘terrorism’ means international The amendment (No. 3945) in the na- seq.). terrorism and domestic terrorism, as those terms ture of a substitute was agreed to, as (7) The United Nations Security Council de- are defined in section 2331 of title 18.’’. follows: clared in Resolution 1373, adopted on September SEC. 4. AIDING AND ABETTING LIABILITY FOR 28, 2001, that all countries have an affirmative CIVIL ACTIONS REGARDING TER- (Purpose: In the nature of a substitute) obligation to ‘‘[r]efrain from providing any form RORIST ACTS. Strike all after the enacting clause and in- of support, active or passive, to entities or per- (a) IN GENERAL.—Section 2333 of title 18, sert the following: sons involved in terrorist acts,’’ and to ‘‘[e]nsure United States Code, is amended by adding at the that any person who participates in the financ- end the following: SECTION 1. SHORT TITLE. ing, planning, preparation or perpetration of ‘‘(d) LIABILITY.—In an action under sub- This Act may be cited as the ‘‘Justice terrorist acts or in supporting terrorist acts is section (a) for an injury arising from an act of Against Sponsors of Terrorism Act’’. international terrorism committed, planned, or brought to justice’’. SEC. 2. FINDINGS AND PURPOSE. (8) Consistent with these declarations, no authorized by an organization that had been country has the discretion to engage knowingly designated as a foreign terrorist organization (a) FINDINGS.—Congress finds the fol- in the financing or sponsorship of terrorism, under section 219 of the Immigration and Na- lowing: whether directly or indirectly. tionality Act (8 U.S.C. 1189), as of the date on (1) International terrorism is a serious and (9) Persons, entities, or countries that know- which such act of international terrorism was deadly problem that threatens the vital in- ingly or recklessly contribute material support committed, planned, or authorized, liability may terests of the United States. or resources, directly or indirectly, to persons or be asserted as to any person who aids and abets, (2) International terrorism affects the organizations that pose a significant risk of by knowingly providing substantial assistance, interstate and foreign commerce of the committing acts of terrorism that threaten the or who conspires with the person who committed United States by harming international security of nationals of the United States or the such an act of international terrorism.’’. trade and market stability, and limiting national security, foreign policy, or economy of (b) EFFECT ON FOREIGN SOVEREIGN IMMUNI- international travel by United States citi- the United States, necessarily direct their con- TIES ACT.—Nothing in the amendments made by zens as well as foreign visitors to the United duct at the United States, and should reason- this section affects immunity of a foreign state, States. ably anticipate being brought to court in the as that term is defined in section 1603 of title 28, (3) Some foreign terrorist organizations, United States to answer for such activities. United States Code, from jurisdiction under acting through affiliated groups or individ- (10) The United States has a vital interest in other law. uals, raise significant funds outside of the providing persons and entities injured as a re- SEC. 5. PERSONAL JURISDICTION FOR CIVIL AC- United States for conduct directed and tar- sult of terrorist attacks committed within the TIONS REGARDING TERRORIST geted at the United States. ACTS. United States with full access to the court sys- (4) It is necessary to recognize the sub- Section 2334 of title 18, United States Code, is tem in order to pursue civil claims against per- stantive causes of action for aiding and abet- amended by inserting at the end the following: sons, entities, or countries that have knowingly ting and conspiracy liability under chapter ‘‘(e) PERSONAL JURISDICTION.—The district or recklessly provided material support or re- 113B of title 18, United States Code. courts shall have personal jurisdiction, to the (5) The decision of the United States Court sources, directly or indirectly, to the persons or maximum extent permissible under the 5th organizations responsible for their injuries. of Appeals for the District of Columbia in Amendment to the Constitution of the United Halberstam v. Welch, 705 F.2d 472 (D.C. Cir. (b) PURPOSE.—The purpose of this Act is to States, over any person who commits or aids 1983), which has been widely recognized as provide civil litigants with the broadest possible and abets an act of international terrorism or basis, consistent with the Constitution of the the leading case regarding Federal civil aid- who conspires with the person who committed ing and abetting and conspiracy liability, in- United States, to seek relief against persons, en- such act, for acts of international terrorism in tities, and foreign countries, wherever acting cluding by the Supreme Court of the United which any national of the United States suffers States, provides the proper legal framework and wherever they may be found, that have pro- injury in his or her person, property, or business vided material support, directly or indirectly, to for how such liability should function in the by reason of such an act in violation of section context of chapter 113B of title 18, United foreign organizations or persons that engage in 2333.’’. terrorist activities against the United States. States Code. SEC. 6. LIABILITY FOR GOVERNMENT OFFICIALS (6) Persons, entities, or countries that SEC. 3. FOREIGN SOVEREIGN IMMUNITY. IN CIVIL ACTIONS REGARDING TER- knowingly or recklessly contribute material Section 1605(a) of title 28, United States Code, RORIST ACTS. support or resources, directly or indirectly, is amended— Section 2337 of title 18, United States Code, is to persons or organizations that pose a sig- (1) by amending paragraph (5) to read as fol- amended to read as follows: nificant risk of committing acts of terrorism lows: ‘‘§ 2337. Suits against Government officials that threaten the security of nationals of the ‘‘(5) not otherwise encompassed in paragraph ‘‘No action may be maintained under section United States or the national security, for- (2), in which money damages are sought against 2333 against— eign policy, or economy of the United States, a foreign state arising out of physical injury or ‘‘(1) the United States; necessarily direct their conduct at the death, or damage to or loss of property, occur- ‘‘(2) an agency of the United States; or United States, and should reasonably antici- ring in the United States and caused by the ‘‘(3) an officer or employee of the United pate being brought to court in the United tortious act or omission of that foreign state or States or any agency of the United States acting States to answer for such activities. of any official or employee of that foreign state within the official capacity of the officer or em- (7) The United States has a vital interest while acting within the scope of the office or ployee or under color of legal authority.’’. in providing persons and entities injured as a employment of the official or employee (regard- SEC. 7. SEVERABILITY. result of terrorist attacks committed within less of where the underlying tortious act or If any provision of this Act or any amendment the United States with full access to the omission occurs), including any statutory or made by this Act, or the application of a provi- court system in order to pursue civil claims common law tort claim arising out of an act of sion or amendment to any person or cir- against persons, entities, or countries that extrajudicial killing, aircraft sabotage, hostage cumstance, is held to be invalid, the remainder have knowingly or recklessly provided mate- taking, terrorism, or the provision of material of this Act and the amendments made by this rial support or resources, directly or indi- support or resources for such an act, or any Act, and the application of the provisions and rectly, to the persons or organizations re- claim for contribution or indemnity relating to a amendments to any other person not similarly sponsible for their injuries. claim arising out of such an act, except this situated or to other circumstances, shall not be (b) PURPOSE.—The purpose of this Act is to paragraph shall not apply to— affected by the holding. provide civil litigants with the broadest pos- ‘‘(A) any claim based upon the exercise or per- SEC. 8. EFFECTIVE DATE. sible basis, consistent with the Constitution formance of, or the failure to exercise or per- The amendments made by this Act shall apply of the United States, to seek relief against form, a discretionary function, regardless of to any civil action— persons, entities, and foreign countries, whether the discretion is abused; or (1) pending on, or commenced on or after, the wherever acting and wherever they may be ‘‘(B) any claim arising out of malicious pros- date of enactment of this Act; and found, that have provided material support, ecution, abuse of process, libel, slander, mis- (2) arising out of an injury to a person, prop- directly or indirectly, to foreign organiza- representation, deceit, interference with con- erty, or business on or after September 11, 2001. tions or persons that engage in terrorist ac- tract rights, or any claim for emotional distress Mr. CORNYN. Mr. President, I ask tivities against the United States. or derivative injury suffered as a result of an unanimous consent that the com- event or injury to another person that occurs mittee-reported substitute amendment SEC. 3. RESPONSIBILITY OF FOREIGN STATES outside of the United States; or’’; and FOR INTERNATIONAL TERRORISM (2) by inserting after subsection (d) the fol- be withdrawn; that the Cornyn sub- AGAINST THE UNITED STATES. lowing: stitute amendment be agreed to; and (a) IN GENERAL.—Chapter 97 of title 28, ‘‘(e) DEFINITIONS.—For purposes of subsection that the bill, as amended, be read a United States Code, is amended by inserting (a)(5)— third time. after section 1605A the following:

VerDate Sep 11 2014 00:48 May 18, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.002 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2848 CONGRESSIONAL RECORD — SENATE May 17, 2016 ‘‘§ 1605B. Responsibility of foreign states for United States under section 1605B of title 28, Mr. BLUMENTHAL. Mr. President, I international terrorism against the United United States Code, as added by section 3(a) ask unanimous consent to speak for up States of this Act. to 5 minutes. ‘‘(a) DEFINITION.—In this section, the term (b) INTERVENTION.—The Attorney General The PRESIDING OFFICER. Without may intervene in any action in which a for- ‘international terrorism’— objection, it is so ordered. ‘‘(1) has the meaning given the term in sec- eign state is subject to the jurisdiction of a court of the United States under section Mr. BLUMENTHAL. Mr. President, tion 2331 of title 18, United States Code; and there is an urgent need that we must ‘‘(2) does not include any act of war (as de- 1605B of title 28, United States Code, as fined in that section). added by section 3(a) of this Act, for the pur- address—I hope it will be later in the ‘‘(b) RESPONSIBILITY OF FOREIGN STATES.— pose of seeking a stay of the civil action, in day—which is emergency funding to fa- A foreign state shall not be immune from the whole or in part. cilitate a rapid response to a spreading jurisdiction of the courts of the United (c) STAY.— public health crisis—now in Puerto States in any case in which money damages (1) IN GENERAL.—A court of the United Rico but threatening the rest of our are sought against a foreign state for phys- States may stay a proceeding against a for- Nation. There must be a rapid, robust eign state if the Secretary of State certifies ical injury to person or property or death oc- response to the public health emer- curring in the United States and caused by— that the United States is engaged in good ‘‘(1) an act of international terrorism in faith discussions with the foreign state de- gency the Zika virus poses. the United States; and fendant concerning the resolution of the Zika is a vicious, virulent virus capa- ‘‘(2) a tortious act or acts of the foreign claims against the foreign state, or any ble of crippling and killing. We have state, or of any official, employee, or agent other parties as to whom a stay of claims is seen its effects in some cases of devel- of that foreign state while acting within the sought. opmental disability that has resulted scope of his or her office, employment, or (2) DURATION.— to children. It poses a threat to 4 mil- agency, regardless where the tortious act or (A) IN GENERAL.—A stay under this section lion people in the Americas. acts of the foreign state occurred. may be granted for not more than 180 days. Connecticut may not be generally (B) EXTENSION.— ‘‘(c) CLAIMS BY NATIONALS OF THE UNITED thought to have a warm climate, but STATES.—Notwithstanding section 2337(2) of (i) IN GENERAL.—The Attorney General title 18, a national of the United States may may petition the court for an extension of the mosquitoes are swarming and bring a claim against a foreign state in ac- the stay for additional 180-day periods. spawning there. They include a type of cordance with section 2333 of that title if the (ii) RECERTIFICATION.—A court shall grant mosquito—the Asian tiger—that has foreign state would not be immune under an extension under clause (i) if the Secretary now been documented to carry Zika. subsection (b). of State recertifies that the United States This poses an immediate and urgent ‘‘(d) RULE OF CONSTRUCTION.—A foreign remains engaged in good faith discussions threat for Connecticut and for the en- state shall not be subject to the jurisdiction with the foreign state defendant concerning tire eastern coast and Northeast the resolution of the claims against the for- of the courts of the United States under sub- United States. section (b) on the basis of an omission or a eign state, or any other parties as to whom tortious act or acts that constitute mere a stay of claims is sought. There is a way that Connecticut is negligence.’’. SEC. 6. SEVERABILITY. contributing to a solution. Two of our (b) TECHNICAL AND CONFORMING AMEND- If any provision of this Act or any amend- companies in Connecticut, Quest and MENTS.— ment made by this Act, or the application of Protein Sciences, are actively working (1) The table of sections for chapter 97 of a provision or amendment to any person or on a vaccine. I visited Protein Sciences title 28, United States Code, is amended by circumstance, is held to be invalid, the re- recently and saw firsthand the work inserting after the item relating to section mainder of this Act and the amendments that is being done there, but the sci- 1605A the following: made by this Act, and the application of the entists at that company and others ‘‘1605B. Responsibility of foreign states for provisions and amendments to any other per- working on a vaccine need this emer- son not similarly situated or to other cir- international terrorism against gency funding. That is their plea to us, the United States.’’. cumstances, shall not be affected by the (2) Subsection 1605(g)(1)(A) of title 28, holding. and I hope we will respond to it today— United States Code, is amended by inserting SEC. 7. EFFECTIVE DATE. not just because the vaccine is needed, ‘‘or section 1605B’’ after ‘‘but for section The amendments made by this Act shall but it must be part of a broader effort, 1605A’’. apply to any civil action— to include eliminating and eradicating SEC. 4. AIDING AND ABETTING LIABILITY FOR (1) pending on, or commenced on or after, mosquitoes wherever possible, edu- CIVIL ACTIONS REGARDING TER- the date of enactment of this Act; and cating the public on how to protect RORIST ACTS. (2) arising out of an injury to a person, themselves and particularly their chil- (a) IN GENERAL.—Section 2333 of title 18, property, or business on or after September dren and pregnant women against this United States Code, is amended by adding at 11, 2001. the end the following: disease. ‘‘(d) LIABILITY.— The bill was ordered to be engrossed In Connecticut, there have already ‘‘(1) DEFINITION.—In this subsection, the for a third reading and was read the been six Zika diagnoses to date. There term ‘person’ has the meaning given the third time. have been none resulting from infec- term in section 1 of title 1. Mr. CORNYN. Mr. President, I know tions in Connecticut but still affecting ‘‘(2) LIABILITY.—In an action under sub- of no further debate on the measure. pregnant women. Our experience docu- section (a) for an injury arising from an act The PRESIDING OFFICER. Is there ments that any State in our country of international terrorism committed, further debate? planned, or authorized by an organization may be eventually affected. that had been designated as a foreign ter- If not, the bill having been read the My plea today is that we use this op- rorist organization under section 219 of the third time, the question is, Shall it portunity to pass emergency funding Immigration and Nationality Act (8 U.S.C. pass? and not deplete or gut a critical re- 1189), as of the date on which such act of The bill (S. 2040), as amended, was source—the Prevention and Public international terrorism was committed, passed. Health Fund. For example, this fund planned, or authorized, liability may be as- Mr. CORNYN. Mr. President, I ask has provided $324 million for section 317 serted as to any person who aids and abets, unanimous consent that the motion to immunization grant programs, which by knowingly providing substantial assist- reconsider be considered made and laid States rely on to maintain and in- ance, or who conspires with the person who committed such an act of international ter- upon the table. crease vaccine coverage, particularly rorism.’’. The PRESIDING OFFICER. Without for uninsured Americans and for need- (b) EFFECT ON FOREIGN SOVEREIGN IMMUNI- objection, it is so ordered. ed responses to disease outbreaks. In- TIES ACT.—Nothing in the amendment made Mr. CORNYN. Mr. President, I yield vading and decimating this fund will do by this section affects immunity of a foreign the floor. lasting damage to the public health of state, as that term is defined in section 1603 f America because the Prevention and of title 28, United States Code, from jurisdic- Public Health Fund is the Federal Gov- tion under other law. TRANSPORTATION, HOUSING AND ernment’s largest single investment in SEC. 5. STAY OF ACTIONS PENDING STATE NEGO- URBAN DEVELOPMENT, AND RE- TIATIONS. prevention. LATED AGENCIES APPROPRIA- Over the past 5 years, the fund has (a) EXCLUSIVE JURISDICTION.—The courts of TIONS ACT, 2016—Continued the United States shall have exclusive juris- put more than $6 billion toward over- diction in any action in which a foreign state The PRESIDING OFFICER. The Sen- due investments in disease prevention is subject to the jurisdiction of a court of the ator from Connecticut. and public health promotion. Raiding

VerDate Sep 11 2014 02:59 May 18, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.005 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2849 this fund would wreak havoc on our ef- tragic birth defects in babies born to crucial for defeating Zika. I want to forts to reduce chronic disease rates, mothers infected with Zika. The virus work with the administration to im- immunize our children, address infec- has also been linked with serious prove our Nation’s biodefense prepared- tious disease outbreaks and, ironically, neurologic conditions. The sad news of ness and response, especially with re- lower health care costs. reported cases of microcephaly is an gard to emerging infectious diseases, There is a saying I have heard nu- urgent call to us that this virus poses but gutting BioShield is not the an- merous times on the floor of the Sen- a very serious threat to pregnant swer. ate and at other public forums: An women and their unborn children. We I also wish to take a moment and ounce of prevention is worth a pound of need to take action to help these talk about the Biomedical Advanced cure. That lesson has been brought women deliver healthy babies and stop Research and Development Authority, home by our experience with Ebola as the spread of the virus. or BARDA, as I call it. BARDA is cur- well as with other public health It is concerning to know that we do rently helping innovators navigate the threats. It is equally true of Zika. We not have drugs to prevent or treat development of the ‘‘valley of death’’ should endeavor to eradicate mosqui- Zika, and we will likely not have them by supporting advanced research and toes and educate the public on the until after the summer when mosquitos development of medical counter- spread of this disease before it causes are present in many of the commu- measures and spurring innovation, microcephaly, other developmental dis- nities back home. such as platform technologies, to en- abilities, and loss of vision and hearing Zika underscores the importance of sure that we are as nimble as possible in newborns. It is a threat to adults, as supporting a flexible, all-hazards ap- when confronting serious public health well as to newborns. Undercutting the proach and response framework under threats. BARDA is on the frontline of investments we have made to date in the Pandemic and All-Hazards Pre- combating Zika because it is a linchpin public health is far from the right paredness Act—legislation I authored in advanced medical countermeasures. course to take. With women and fami- almost a decade ago—to ensure our Na- It is also critical that we support lies across the country looking to Con- tion would be better prepared for the BARDA in fulfilling its mission. The gress for action, now is the time for us range of serious public health threats Blue Ribbon Study Panel on Biodefense to take advantage of the bipartisan we might face, such as Zika. It also un- recently issued a report that found measures that are before us. derscores that Mother Nature always there are ‘‘serious gaps and inadequa- I urge that we support those bipar- has the potential to throw us a cies that continue to leave the Nation tisan measures that will help us in- curveball, this time in the form of a vulnerable to threats from nature and crease readiness and surveillance, de- virus with the potential for dev- terrorists alike.’’ velop a vaccine, and educate commu- astating birth defects transmitted We cannot lose our focus on pre- nities about how we can better protect through a simple mosquito bite. This paring for the threats we have identi- women and children, as well as others, mosquito-borne virus also highlights fied. By strengthening our work in this from this vicious and pernicious dis- why we must be prepared with the ap- area, we will be better prepared for the ease. propriate tools to protect the health of next naturally occurring threat. Re- I yield the floor. America from situations in which in- gardless of the threat, we know the The PRESIDING OFFICER. The Sen- fectious diseases are moving from ani- American people expect us to protect ator from Maine. mals to humans. them from it and to be prepared to Ms. COLLINS. Mr. President, I sug- Thankfully, because of the Pandemic combat it. Today the threat is Zika. gest the absence of a quorum. and All-Hazards Preparedness Act, we Two years ago the threat was Ebola. The PRESIDING OFFICER. The have been better prepared to respond to And the years before that, it was a clerk will call the roll. Zika and other recent threats. But this novel flu strain. We have been here be- The bill clerk proceeded to call the work is never done, and we must al- fore. We don’t know what the next roll. ways remain vigilant when it comes to threat will be or how it will arise, but Mr. BURR. Mr. President, I ask unan- medical and public health preparedness by staying focused on identified imous consent that the order for the and response. The next threat may be threats and being vigilant to finish quorum call be rescinded. naturally occurring, or it may be the what we start, we will be better pre- The PRESIDING OFFICER (Mr. result of a deliberate attack. We need pared for the next threat, whether nat- JOHNSON). Without objection, it is so to be prepared for all of them. urally occurring or the result of a de- ordered. After 9/11, Congress established the liberate attack. Mr. BURR. Mr. President, I ask unan- BioShield Special Reserve Fund to en- I strongly support the Blunt-Murray imous consent to speak as in morning courage the development of counter- Zika amendment because it will help business. measures that meet specific require- protect women, babies, and families The PRESIDING OFFICER. Without ments for use against chemical, bio- threatened by Zika in North Carolina objection, it is so ordered. logical, radiological, and nuclear and across the United States. It will Mr. BURR. Mr. President, I rise agents that the Department of Home- also ensure that we continue to make today to speak on the importance of land Security has determined pose a progress against a full range of threats fighting the Zika virus and the urgency material threat against the United we may face in the future. I believe we of being prepared for the full range of States population sufficient to affect must confront the threat of Zika with threats we may face, whether naturally our national security. These are the resources this tragic virus demands occurring, such as Zika, or manmade. threats like anthrax, Ebola, hemor- and the compassion that women and To some, this may look like a grass- rhagic fever, and smallpox. Like Zika, children deserve. The Blunt-Murray hopper, but that is actually a mos- the American people expect us to be amendment does both. I look forward quito. The question is, Prepared for all ready to respond to these threats. to supporting it and continuing to hazards? We still do not have answers Unfortunately, I am not going to be fight to ensure that Americans are pro- to all the questions surrounding Zika, able to support the amendment offered tected from Zika and all other threats but we do know this: Zika is a very se- by my colleagues from Florida because we might face. rious public health threat, and we need it would gut BioShield. The President’s While the Presiding Officer and to act. That is why I support the Blunt- fiscal year 2017 budget proposed de- chairman are here, I might add that Murray amendment to bolster our Na- creasing BioShield by $160 million, and America is the world’s response. We are tion’s response to it. then weeks later, with Zika’s emer- the ones who funded and initiated the The CDC has indicated that the mos- gence, the administration proposed cure for Ebola. We are the ones who quitoes responsible for spreading the raiding the BioShield fund. These ac- took the seasonal flu variations and virus could be found in a significant tions do not instill confidence that the modified them to reflect the greatest portion of the United States, including Federal Government is prepared to threat. And America will be the one— my State of North Carolina. What handle these threats and will be a com- for the world—that addresses a cure, makes this virus particularly troubling mitted partner in these public-private vaccine, or countermeasure for Zika. is that it has the potential to cause partnerships—partnerships that are The good news is that, as a Congress,

VerDate Sep 11 2014 00:48 May 18, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.023 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2850 CONGRESSIONAL RECORD — SENATE May 17, 2016 over 10 years ago we set up the archi- Already, there are over 1,000 cases of Senators MURRAY and BLUNT have been tecture to be able to be ahead of things Zika virus in the United States and working for weeks on this amendment, like Zika and Ebola. Quite frankly, U.S. territories, including over 100 and I want to thank them for their during different administrations under pregnant women. We have only seen commitment to get to this agreement. different control, we failed to fund the two cases so far in my home State of I will oppose Senator CORNYN’s things that we recognized we needed to Rhode Island, but the virus is spread- amendment, which would make harm- do. ing and it isn’t going away on its own. ful cuts to the Prevention and Public As we have this crisis and we respond We will certainly see these numbers in- Health Fund. This is a classic case of to it, let’s also reassure the American crease as we approach the summer robbing Peter to pay for Paul. The Pre- people that we are going to invest in months. vention and Public Health Fund makes that architecture and that we will be I had the opportunity to host a dis- exactly the kinds of investments in our ahead of novel diseases. I call it novel. cussion in Rhode Island about this public health infrastructure that bet- We have known about Zika for over 40 topic just a few weeks ago, bringing to- ter prepare us to deal with emergencies years, and the fact is that technology gether Federal officials from the Cen- like Zika or Ebola. now allows us to address this in a dif- ters for Disease Control and Prevention The Prevention and Public Health ferent way. Let’s invest in those plat- and the National Institute for Allergy Fund also helps fund disease preven- form technologies. Let’s make sure we and Infectious Diseases, as well as pub- tion programs such as cancer have an architecture that allows ad- lic health officials from the Rhode Is- screenings and immunization programs vanced development for the vaccines or land Department of Health, among that save us money in the long run. In- the countermeasures. Let’s not let other experts in the State. Everyone stead of cutting the Prevention and down the American people on the next agreed that funding is needed imme- Public Health Fund to pay for the Zika disease or the next threat that we diately to ensure that we are prepared supplemental, we should actually be in- might face. for Zika. vesting more into these programs. So I thank the Presiding Officer and the State and local public health depart- it is my hope we will reject this ap- chairman. ments will be critical to strengthening proach and instead pass emergency leg- I yield the floor. efforts to prevent and diagnose cases of islation today to deal with the Zika f Zika, among other mosquito-borne ill- virus. The funding that will be made avail- RECESS nesses this summer. While trans- mission of mosquito-borne illnesses has able as a result of today’s votes will be THE PRESIDING OFFICER. Under been limited in the United States so critical in the efforts to prevent out- the previous order, the Senate stands far, it is critical that state and local breaks of the disease in the United in recess until 2:15 p.m. public health departments have the re- States and hopefully the creation of a Thereupon, the Senate, at 12:42 p.m., vaccine in the near future. sources they need—in addition to ongo- recessed until 2:15 p.m. and reassem- There is still a lot we don’t know ing communication with the CDC—so bled when called to order by the Pre- about the Zika virus—and once we pass they have the most up-to-date informa- siding Officer (Mr. PORTMAN). this emergency funding package, Con- tion on diagnostics and testing for f gress will still need to work together mosquito-borne illnesses. to continue evaluating needs and deter- TRANSPORTATION, HOUSING AND The NIH also needs more resources to mining whether more resources are URBAN DEVELOPMENT, AND RE- help fast-track research and develop- necessary. LATED AGENCIES APPROPRIA- ment of a vaccine for the Zika virus. I look forward to working with my TIONS ACT, 2016—Continued The Zika virus has the potential to cir- colleagues to protect Americans from The PRESIDING OFFICER. Under culate in the United States over the the potentially devastating impacts of the previous order, the time until 2:30 long term, and we need to be prepared the Zika virus. p.m. will be equally divided between for the fact that we will be combating Thank you, Mr. President. the managers or their designees. this disease for more than just a few The PRESIDING OFFICER. The Sen- The Senator from Maine. months in the summer. ator from Maine. Ms. COLLINS. Mr. President, at this We also need more research on the Ms. COLLINS. Mr. President, shortly point I wish to yield to Senator REED virus. The Zika virus has been around the Senate will proceed to consider of Rhode Island, the subcommittee for decades, and there have been out- three alternative proposals to provide ranking member and the comanager of breaks in other parts of the world, but much needed funding to combat the this bill. we didn’t know it could cause a birth Zika virus. I am deeply concerned The PRESIDING OFFICER. The Sen- defect called microcephaly that im- about the rapidly emerging and evolv- ator from Rhode Island. pacts brain development until this ing Zika virus, which poses a par- Mr. REED. Mr. President, let me year. We still don’t know the long-term ticular threat to pregnant women and thank the chairman for her consider- impacts on these children and their can cause serious birth defects. ation. I rise in support of the Zika sup- mothers. To learn more about this virus and plemental amendment offered by Sen- I plan to support Senator NELSON’s other public health challenges, I re- ators MURRAY and BLUNT, as well as amendment to fully fund the adminis- cently toured the Centers for Disease the amendment offered by Senator tration’s Zika supplemental request. I Control and Prevention in Atlanta, GA, NELSON. appreciate his efforts to push this issue with my friend and colleague Senator The threat of the Zika virus is a seri- and to help ensure that we have robust ISAKSON. I was deeply impressed by the ous public health issue and Congress funding to help combat the threat of team of extraordinarily dedicated pub- must act to help minimize the spread Zika. lic servants who work there. These sci- before we have an epidemic on our While Senator NELSON’s approach is entists leverage an enormous range of hands. It has been over 2 months since preferable, I also plan to support the knowledge to protect the American the Administration asked for emer- amendment of Senator MURRAY and people, including through rapid re- gency funds for a comprehensive re- Senator BLUNT to provide $1.1 billion in sponse to infectious disease threats. sponse to the Zika virus and to speed funding to address Zika. This amend- CDC’s experts told me they call the up development of a vaccine. This ment is a bipartisan compromise, and mosquito that carries the Zika virus should not be a partisan issue, and in- my hope is that no less than this fund- the cockroach of the mosquito world action leaves us more susceptible to ing level will move forward and be because it is so difficult to get rid of. this serious public health emergency. signed into law before we head into the This mosquito can breed in water that This disease is spreading rapidly in summer months. fits within the size of a bottle cap. It is other countries, and as we saw last It is so critical that we move quickly commonly found in the United States year with Ebola—and with other mos- on this so our state and local health in areas like Florida and our gulf quito-borne illnesses—we are living in departments will have the resources coast. an interconnected world and we are not they need to deal with the potential There are now more than 1,000 cases immune to the spread of these diseases. growing cases in the coming months. of Zika virus in the United States and

VerDate Sep 11 2014 00:48 May 18, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.024 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2851 its three territories, including two lab- into vaccines that might help us better [Rollcall Vote No. 73 Leg.] oratory-confirmed cases in the State of prevent the virus and the conditions YEAS—50 Maine. Earlier, one of our colleagues that it can tragically cause, but again Ayotte Gillibrand Nelson showed a map of the States that are that requires funding. Baldwin Heinrich Peters most affected by Zika, but the fact is, Bennet Heitkamp Portman The CDC has sounded the alarm in its Blumenthal Hirono due to travel, there are confirmed Zika Reed warning about a serious Zika outbreak Booker Kaine Reid cases in virtually every single State, in our country. It is essential we de- Boxer King Rubio but of course Puerto Rico in particular vote sufficient financial resources to Brown Kirk Schatz has been especially hard hit, with the Cantwell Klobuchar Schumer meet this new challenge. I am con- Cardin Leahy Shaheen number of cases soaring. These statis- Carper Manchin vinced that today the Senate will do Stabenow tics are even more alarming when we Casey Markey its part to deal with this serious threat Tester Cassidy McCaskill consider that we have not yet reached to our public health. Udall the summer months when mosquitoes Coons Menendez Thank you, Mr. President. Donnelly Merkley Warner tend to be more prevalent. Recent Durbin Mikulski Warren studies suggest that Zika might spread Mr. REED. Mr. President, I have a Feinstein Murphy Whitehouse across the warmer and wetter parts of parliamentary inquiry: How much time Franken Murray Wyden the Western Hemisphere. As many as do we have remaining? NAYS—47 200 million people in our country live The PRESIDING OFFICER. The Sen- Alexander Flake Paul in areas where the mosquito that car- ator from Rhode Island has 11⁄2 minutes Barrasso Gardner Perdue ries the virus could potentially thrive. remaining, and the Senator from Maine Blunt Graham Risch You may have read what may seem has zero time remaining. Boozman Grassley Roberts Burr Hatch Rounds like good news—that the Zika virus is Mr. REED. Mr. President, I yield Capito Heller Sasse asymptomatic in approximately 80 per- back the remaining time on our side. Coats Hoeven Scott cent of those affected, but CDC re- Cochran Inhofe Sessions The PRESIDING OFFICER. All time Collins Isakson Shelby cently concluded that the virus causes Corker Johnson has been yielded back. Sullivan microcephaly and a range of other se- Cornyn Lankford Thune CLOTURE MOTION Cotton Lee vere fetal brain defects. Americans are Tillis justifiably worried about the Zika Pursuant to rule XXII, the Chair lays Crapo McCain Daines McConnell Toomey virus, as the failure to prevent its before the Senate the pending cloture Ernst Moran Vitter spread could have devastating con- motion, which the clerk will state. Fischer Murkowski Wicker sequences for our families. The senior assistant legislative clerk NOT VOTING—3 In addition to the human and emo- read as follows: Cruz Enzi Sanders tional toll, the Zika virus may ulti- CLOTURE MOTION mately cost the United States an as- The PRESIDING OFFICER. On this tonishing sum of money when we con- We, the undersigned Senators, in accord- vote, the yeas are 50, the nays are 47. sider that we already spend more than ance with the provisions of rule XXII of the Three-fifths of the Senators duly cho- Standing Rules of the Senate, do hereby $2.6 billion per year on hospital stays sen and sworn not having voted in the move to bring to a close debate on Senate affirmative, the motion is rejected. related to birth defects. So the invest- amendment No. 3898 to amendment No. 3896 CLOTURE MOTION ment we are making today is not only to Calendar No. 138, H.R. 2577, an act making the right thing to do from a humani- appropriations for the Departments of Trans- Pursuant to rule XXII, the Chair lays tarian and public health perspective, it portation, and Housing and Urban Develop- before the Senate the pending cloture is also the right thing to do from an ment, and related agencies for the fiscal year motion, which the clerk will state. economic viewpoint. ending September 30, 2016, and for other pur- The senior assistant legislative clerk In addition to these serious birth de- poses. read as follows: fects, the Zika virus has been linked to Marco Rubio, Debbie Stabenow, Harry CLOTURE MOTION Guillain-Barre syndrome, a disease Reid, Sheldon Whitehouse, Richard J. We, the undersigned Senators, in accord- Durbin, Al Franken, Jeanne Shaheen, ance with the provisions of rule XXII of the that can cause paralysis and even Robert Menendez, Brian E. Schatz, Joe death. Standing Rules of the Senate, do hereby Manchin III, Bill Nelson, Charles E. move to bring to a close debate on Senate It is imperative that we take steps to Schumer, Michael F. Bennet, Edward amendment No. 3899 to amendment No. 3896 combat the Zika virus without delay. J. Markey, Benjamin L. Cardin, Tom to Calendar No. 138, H.R. 2577, an act making To that end, I support the bipartisan Udall, Gary C. Peters. appropriations for the Departments of Trans- compromise agreement worked out by The PRESIDING OFFICER. By unan- portation, and Housing and Urban Develop- Senators BLUNT and MURRAY to provide imous consent, the mandatory quorum ment, and related agencies for the fiscal year ending September 30, 2016, and for other pur- an additional $1.2 billion to combat the call has been waived. Zika virus, including $361 million for poses. the CDC and $200 million for the Na- The question is, Is it the sense of the Mitch McConnell, Roy Blunt, Roger F. tional Institutes of Health. We can and Senate that debate on amendment No. Wicker, Marco Rubio, Lamar Alex- ander, Richard C. Shelby, Thad Coch- we should do more to plan for emerging 3898, offered by the Senator from Ken- tucky for the Senator from Florida, to ran, John McCain, Michael B. Enzi, disease threats through the regular ap- Jeff Flake, John Cornyn, Shelley propriations process so we do not have amendment No. 3896 to H.R. 2577, shall be brought to a close? Moore Capito, Johnny Isakson, Richard to turn frequently to emergency sup- Burr, Bob Corker, Susan M. Collins, plemental funding, but in this case the The yeas and nays are mandatory John Hoeven. Zika virus is an imminent and evolving under this rule. The PRESIDING OFFICER. By unan- public health threat that cannot wait The clerk will call the roll. imous consent, the mandatory quorum and that cannot be ignored. The senior assistant legislative clerk call has been waived. The CDC has a very specific plan to called the roll. The question is, Is it the sense of the rapidly respond to this very real Mr. CORNYN. The following Senators Senate that debate on amendment No. threat, including by developing diag- are necessarily absent: the Senator 3899, offered by the Senator from Ken- nostic tests that will help us identify from Texas (Mr. CRUZ) and the Senator tucky for the Senator from Texas, to the virus and help to educate providers from Wyoming (Mr. ENZI). amendment No. 3896 to H.R. 2577, shall and the public about appropriate pre- Mr. DURBIN. I announce that the be brought to a close? vention methods. I think it is impor- The yeas and nays are mandatory Senator from Vermont (Mr. SANDERS) tant to understand that the CDC is the under the rule. is necessarily absent. interface with State and local public The clerk will call the roll. health centers and agencies, so its role The PRESIDING OFFICER. Are there The bill clerk called the roll. is absolutely critical in the education any other Senators in the Chamber de- Mr. CORNYN. The following Senators and prevention process. siring to vote? are necessarily absent: the Senator The National Institutes of Health is The yeas and nays resulted—yeas 50, from Texas (Mr. CRUZ) and the Senator similarly prepared to conduct research nays 47, as follows: from Wyoming (Mr. ENZI).

VerDate Sep 11 2014 00:48 May 18, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.026 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2852 CONGRESSIONAL RECORD — SENATE May 17, 2016 Mr. DURBIN. I announce that the The yeas and nays are mandatory riod on line 3, and insert the following: ‘‘: Senator from Vermont (Mr. SANDERS) under the rule. Provided, That such plans shall be updated is necessarily absent. The clerk will call the roll. and submitted to the Committee on Appro- The PRESIDING OFFICER (Mrs. The legislative clerk called the roll. priations of the Senate every 90 days until September 30, 2017, and every 180 days there- ERNST). Are there any other Senators Mr. CORNYN. The following Senators after until all funds have been fully ex- in the Chamber desiring to vote? are necessarily absent: the Senator pended.’’. The yeas and nays resulted—yeas 52, from Texas (Mr. CRUZ) and the Senator nays 45, as follows: Ms. COLLINS. Madam President, I from Wyoming (Mr. ENZI). would now like to yield time to Sen- [Rollcall Vote No. 74 Leg.] Mr. DURBIN. I announce that the ator ISAKSON for a statement. YEAS—52 Senator from Vermont (Mr. SANDERS) The PRESIDING OFFICER. The Sen- Alexander Flake Perdue is necessarily absent. ator from Georgia. Ayotte Gardner Portman The PRESIDING OFFICER. Are there Mr. ISAKSON. Madam President, I Barrasso Graham Risch any other Senators in the Chamber de- Blunt Grassley thank the Senator from Maine for the Roberts siring to vote? Boozman Hatch Rounds recognition. Burr Heller The yeas and nays resulted—yeas 68, Rubio AMENDMENT NO. 3900, AS MODIFIED Capito Hoeven nays 29, as follows: Sasse I want to commend Senator COLLINS Cassidy Inhofe Scott Coats Isakson [Rollcall Vote No. 75 Leg.] EED Sessions and Senator R for their hard work Cochran Johnson YEAS—68 Shelby and great leadership on this amend- Collins Kirk Sullivan Alexander Franken Murphy Corker Lankford ment, Senator MURRAY and Senator Ayotte Gillibrand Murray Cornyn Lee Thune BLUNT for bringing this issue before us, Baldwin Graham Nelson Cotton McCain Tillis and the Senate for having the good Toomey Bennet Hatch Peters Crapo McConnell Blumenthal Vitter Heinrich Portman sense to invoke cloture on it this after- Daines Moran Blunt Heitkamp Wicker Reed noon. Ernst Murkowski Booker Hirono Fischer Paul Reid If anybody in the audience or in this Boozman Hoeven Rounds Boxer Isakson room doesn’t think this is an emer- NAYS—45 Rubio Brown Kaine Schatz gency, they should have been with Sen- Baldwin Gillibrand Murray Burr King Schumer ator COLLINS and me 2 weeks ago at the Bennet Heinrich Nelson Cantwell Kirk Blumenthal Heitkamp Peters Capito Klobuchar Shaheen CDC in Atlanta. We spent 4 hours look- Booker Hirono Reed Cardin Leahy Stabenow ing at the depiction of what a Zika out- Boxer Kaine Reid Carper Manchin Tester break is going to look like if it doesn’t Brown King Schatz Tillis Casey Markey stop and if we don’t abate it. Cantwell Klobuchar Schumer Cassidy McCain Udall Cardin Leahy Shaheen Cochran McCaskill Vitter There have already been 1 million Carper Manchin Stabenow Collins McConnell Warner cases in the Caribbean, Central Amer- Casey Markey Tester Coons Menendez Warren ica, and South America and 500 cases in Coons McCaskill Udall Donnelly Merkley Whitehouse Donnelly Menendez Warner Durbin Mikulski Wicker the United States of America, and it is Durbin Merkley Warren Feinstein Murkowski Wyden going to grow. The faster we get our Feinstein Mikulski Whitehouse arms around it, the better off the Franken Murphy Wyden NAYS—29 American people are going to be. NOT VOTING—3 Barrasso Gardner Risch This is a lot of money, but it is only Coats Grassley Roberts Cruz Enzi Sanders Corker Heller Sasse a pittance compared to what it would The PRESIDING OFFICER. On this Cornyn Inhofe Scott cost if the epidemic got out of control vote, the yeas are 52, the nays are 45. Cotton Johnson Sessions and we didn’t stop it and defeat it. This Crapo Lankford Shelby Three-fifths of the Senators duly cho- Daines Lee money will go to Labor, Health and sen and sworn not having voted in the Sullivan Human Services, the State Depart- Ernst Moran Thune Fischer Paul affirmative, the motion is rejected. Toomey ment, the CDC, and other entities to Flake Perdue CLOTURE MOTION provide the education, training, and in- Pursuant to rule XXII, the Chair lays NOT VOTING—3 formation necessary to get control of before the Senate the pending cloture Cruz Enzi Sanders this disease. motion, which the clerk will state. The PRESIDING OFFICER. On this Remember what happened with The legislative clerk read as follows: vote, the yeas are 68, the nays are 29. Ebola. When it broke out and we fi- CLOTURE MOTION Three-fifths of the Senators duly cho- nally got involved, only through CDC’s We, the undersigned Senators, in accord- sen and sworn having voted in the af- ability to educate and also to contain ance with the provisions of rule XXII of the and control the disease did we finally Standing Rules of the Senate, do hereby firmative, the motion is agreed to. The Senator from Maine. get our arms around it and stop the move to bring to a close debate on Senate epidemic. The same thing is going to be amendment No. 3900 to amendment No. 3896 AMENDMENT NO. 3946 TO AMENDMENT NO. 3900, AS to Calendar No. 138, H.R. 2577, an act making MODIFIED true with Zika. We need to contain, appropriations for the Departments of Trans- Ms. COLLINS. Madam President, I control, and get the necessary edu- portation, and Housing and Urban Develop- call up the Blunt amendment No. 3946. cation to the countries to see to it that ment, and related agencies for the fiscal year The PRESIDING OFFICER. The we stop it. ending September 30, 2016, and for other pur- clerk will report the amendment. I commend the Senate for invoking poses. The legislative clerk read as follows: cloture on the amendment today. I Mitch McConnell, Roy Blunt, Roger F. commend these two Senators for their The Senator from Maine [Ms. COLLINS], for Wicker, Marco Rubio, Lamar Alex- hard work, and I am glad we are on the ander, Richard C. Shelby, Thad Coch- Mr. BLUNT, proposes an amendment num- ran, John McCain, Michael B. Enzi, bered 3946 to amendment No. 3900, as modi- leading point of the spear. I want ev- Jeff Flake, John Cornyn, Shelley fied. erybody to be clear—this is an emer- Moore Capito, Johnny Isakson, Richard Ms. COLLINS. Madam President, I gency. Had we not invoked cloture on Burr, Bob Corker, Susan M. Collins, ask unanimous consent that the read- this amendment today, in months we John Hoeven. ing of the amendment be dispensed would have had a greater emergency The PRESIDING OFFICER. By unan- with. because Zika would have spread imous consent, the mandatory quorum The PRESIDING OFFICER. Is there unabated in the Southern United call has been waived. objection? States. The question is, Is it the sense of the Without objection, it is so ordered. Lastly, I want to give great credit to Senate that debate on amendment No. The amendment is as follows: Senator COLLINS for all the hard work 3900, offered by the Senator from Ken- (Purpose: To require the periodic submission she has done on health and human tucky, Mr. MCCONNELL, for the Senator of spending plan updates to the Committee services for so many years and for her from Missouri, Mr. BLUNT, to amend- on Appropriations) hard work for the CDC. On behalf of Dr. ment No. 3896 to H.R. 2577, shall be On page 10 of the amendment, line 1, strike Frieden, we are glad you finally came brought to a close? ‘‘. The’’ and all that follows through the pe- and visited. God bless you.

VerDate Sep 11 2014 01:24 May 18, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.007 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2853 I yield back. erence to deal with the opioid epidemic billion. Can you imagine what would The PRESIDING OFFICER. The Sen- through the regular appropriations have happened if we hadn’t? We wanted ator from Maine. process. Let me say that I am not en- to have it eradicated around the world OPIOID EPIDEMIC couraged by the results so far. With all by the year 2000. Mr. KING. Madam President, we just due respect to my colleagues, an extra The savings is enormous, but the bot- invoked cloture on an amendment to $1 million here and there for a few pro- tom line right now is productivity. I deal with the funding of an incipient grams, which is what we are seeing in have the lowest workforce participa- epidemic—an epidemic that has serious the appropriations process, is not going tion in the country right now in West ramifications for our society and for to address the nationwide crisis that Virginia. A lot of it is due to the addic- our country—and it is right that we did Senator KING has said is going to kill tions that people have. In 2014, we had that. tens of thousands of Americans this 42,000 West Virginians—including 4,000 I rise today, however, to point out year. youth—who sought treatment for ille- the fact that we are in the midst not of While the HHS appropriations bill is gal drug use but failed to receive it. an incipient epidemic but a real epi- still being drafted, because of the tight There was no place for them to go. demic that since lunchtime today has budget caps that are in place for this They wanted to change their lives. killed 15 people in this country. Fifteen fiscal year, I am not optimistic that it They asked in every way possible to do people have lost their lives since the will include the type of game-changing that, but we have no treatment cen- middle of the day today. The epidemic funding that we need to stem the tide ters. I refer to, of course, is heroin and opi- of this crisis. Unfortunately, we saw This goes a long way to basically ate drug abuse and addiction. This is a that the Commerce, Justice, and help treat an illness which is abso- crisis which is upon us right now. Science appropriations bill included lutely destroying America, not just in A month or so ago, we passed with only minor increases to programs to West Virginia, New Hampshire, and great fanfare the CARA bill, the com- address the heroin and opioid epidemic. Maine, but I am talking about all 50 prehensive addiction bill. It was the That is why we need emergency fund- States. We have an epidemic we are right thing to do. It was a good bill, ing, and we need it now. dealing with today. Yet we are not but it had no funding. Passing a bill In March, the Senate had an oppor- dealing with it because we have no like that with no funding is like send- tunity to provide $600 million in emer- treatment, and that is because no one ing the fire department to a fire with gency funding to address this crisis, has put the priorities and values that no water. We cannot deal with this but despite strong bipartisan support, we have in this country to eradicate problem until we have the capacity to that amendment was defeated on a this horrible scourge in our country. provide treatment to the people who point of order. Congress needs to rise I ask all of my colleagues to please need it. to this challenge, just as it has done reconsider the funding that is needed Right now there is a huge shortage of during previous public health emer- to fight opioid abuse with proper treat- treatment beds. There is even a short- gencies and just as we are doing right ment around the country. age of detox beds, let alone treatment. now to address the Zika virus. Just last I thank the Presiding Officer and When a person finally gets to the point year Congress approved $5.4 billion to yield the floor. where they are struggling with this combat the Ebola outbreak, which The PRESIDING OFFICER. The Sen- terribly destructive disease and they ator from Virginia. are ready to embrace and take on the killed one American, but in 2014, 47,000 Americans died from drug overdoses. BROWN V. BOARD OF EDUCATION ANNIVERSARY treatment, to not have it available or AND FILLING THE SUPREME COURT VACANCY to have it available at an exorbitant Each day we wait, another 120 people die of drug overdoses. We are losing one Mr. KAINE. Madam President, I rise cost is tragic. to discuss the pending vacancy on the We are losing lives every hour—47,000 person a day in New Hampshire. U.S. Supreme Court, and I do so on a people a year—and it is expanding and Now is the time to act. I urge my col- very momentous day in American legal exploding, and it is tearing our commu- leagues to reconsider. history. May 17, today, is the anniver- nities apart. I yield the floor. I am delighted that we invoked clo- The PRESIDING OFFICER. The Sen- sary of the Supreme Court’s decision in ture on an amendment involving the ator from West Virginia. the pivotal case of Brown v. Board of Zika virus. It is important that we do Mr. MANCHIN. Madam President, Education. On May 17, 1954, the Su- so. But we also should be attending to first of all, I thank my good friend preme Court ruled that the promise of this crisis that is staring us right in from New Hampshire, Senator SHA- equality—stated as paramount in the the face and is tearing our country HEEN, for putting in this most needed Declaration of Independence and then apart. funding to fight this epidemic, and I reaffirmed in the 14th Amendment to I hope we can soon get to an amend- thank Senator KING from Maine as the Constitution passed in the after- ment that will allow us to begin the well. We are all fighting it. math of the Civil War—could not be de- process of funding the resolution of My State has been hit the hardest of nied to little school children based on this scourge before it takes more lives all the States, and New Hampshire is their skin color. The Brown v. Board and before it tears apart more families right behind us as far as having more case was actually five cases consoli- and communities. deaths from opioid drug abuse than any dated together—one from Virginia, one I yield the floor. other State. If you put what we are from Kansas, one from Delaware, one The PRESIDING OFFICER. The Sen- asking for into perspective and look at from South Carolina, and one from the ator from New Hampshire. what we have done over the years since District of Columbia. Mrs. SHAHEEN. Madam President, the war on drugs began about four dec- While most of us know what the today the Senate invoked cloture on an ades ago, we have spent $1 trillion in Brown case resolved, few remember amendment to provide more than $1 the United States, but we are fighting that the Brown ruling was in serious billion in emergency spending to help this war the wrong way. We have all jeopardy because of the death of a Su- combat the Zika virus. I support this looked at this as a horrific crime, and preme Court Justice and the deep divi- effort. I think it is a good amendment, we have just kept putting people away. sions on the Court among the remain- and I commend our leaders in the Ap- In that period of time, we spent $450 ing eight members. It was only through propriations Committee for reaching billion to lock up these people in Fed- the prompt filling of a judicial vacancy this bipartisan agreement. eral prisons and most of them were that the Court was able to come to- However, I join my colleague from locked up for nonviolent crimes. gether and render a ruling in America’s Maine, my colleague from West Vir- We need to look at this. This is an best interest. ginia, and all of those who are dis- illness, and to treat an illness, you The Brown case was originally ar- appointed that the opioid epidemic is have to have funding. We just talked gued in 1952, and the court that heard not being treated with the same degree about Zika, and we have done it for the argument was hopelessly divided. of urgency. Ebola. I even checked what we have In fact, it was so divided that they Some Senators on the other side of done with polio. Since we eradicated asked that the case be reargued in 1953, the aisle have said it is their pref- polio, we have saved this country $220 and then to make matters worse, Chief

VerDate Sep 11 2014 01:24 May 18, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.037 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2854 CONGRESSIONAL RECORD — SENATE May 17, 2016 Justice Fred Vinson died before the re- the final year of a Presidential term tingly, based on my discussions with argument. By many accounts, his should be entitled to less deference Virginians. The current Senate block- death left the Court evenly divided than other Executive nominations, but ade is variously interpreted as an oppo- over an issue of the most fundamental that is related to the question of sition to the nominee, as opposition to importance. Had the vacancy left by whether or not a Senator votes yes or the particular President making the the death of Judge Vinson persisted, no, and, of course, Senators are free to nomination, or as some effort to under- there is no way of predicting whether vote yes or no on nominees. But the re- mine judicial independence. the Supreme Court could have even re- fusal to even consider a nominee is un- Let’s look at those three interpreta- solved the case. Imagine how different precedented. tions that are very commonly held by our history as a Nation would be if the Beyond the precedent of previous Virginians and others. The first inter- Supreme Court had been unable to de- Senate actions, let’s look at article II, pretation: Is it opposition to the nomi- cide on a matter of fundamental impor- section 2, of the Constitution. It says nee? I think we can dispense with that tance. that the President ‘‘shall nominate’’ pretty quickly. The blockade strategy President Eisenhower nominated and ‘‘appoint’’—‘‘by and with the Ad- is not based on the character of the former California Governor Earl War- vice and Consent of the Senate’’—var- nominee, Judge Merrick Garland, and I ren to fill the vacancy. The Senate did ious officials, including Supreme Court can assert this safely because the its job, held a prompt hearing, and con- Justices. blockade strategy was announced—no firmed the appointment. Chief Justice While all agree that the advice and meeting, no hearing, no vote—before Warren then used his skill to cut consent provision gives the Senate the the President even nominated Judge through the division and convince his ability to affirm or reject a nominee, Garland. It was said that regardless of colleagues that the Court should speak there is nothing in the clause sug- the character of a particular nominee, unanimously and say that a child’s gesting that the Senate can blockade they would not entertain a nomination skin color should not determine which the consideration of a nominee, and from this particular President. This is school he or she should attend. Because there is certainly nothing in the clause ironic, given that the nomination for a Supreme Court Justice is fundamen- the Senate did its job, the Court was to suggest that the President’s ap- tally about the very essence of justice able to do its job, and all of America pointed powers or the Senate’s con- and that the essence of justice must was lifted. firmation powers are somehow limited I have listened to my colleagues and in the last year of a Presidential term. carry with it a duty to consider each Virginia citizens about the current Su- Finally, the meaning of the constitu- individual on his or her own merits. preme Court vacancy for 3 months. I tional clause was extensively discussed The position that we would refuse to consider Judge Garland on his own have come to this conclusion: I think as the Constitution was drafted, ap- merits seems contrary, to me, to the the Senate is treading on dangerous proved, and ratified by the States, and Alexander Hamilton’s Federalist Paper very notion of justice itself. ground here. We are communicating— Now that Judge Garland has been 76 also discusses the provision at and I think the communication could nominated, we also know that the length. All understood that the advice be unintentional—a message to our blockade is not about the character of and consent provision was an oppor- public that is painful, and our actions the nominee. Judge Garland has an es- tunity for the Senate to determine in this high-profile matter are creating teemed record as a prosecutor, private whether a Presidential nominee for a pain among many of my constituents. I practitioner, and Federal appellate Senate confirmable position possessed fear that a precedent is about to be set judge on the D.C. Circuit Court of Ap- ‘‘fit character.’’ That is the check that could undermine all three peals. He is the chief judge on that against Presidential power intended by branches of our government. court. His judicial service alone is ap- the clause. The President, knowing I offer these comments today because proaching the 20-year mark on a court the Senate can correct the dangerous that a Senate would inquire into the that most believe is second in impor- message we are sending, and I hope character of a nominee, would not just tance only to the U.S. Supreme Court. that calm reflection will call us to nominate people purely for partisan, I have not seen any Member of the honor the great traditions of this body. personal, or regional reasons—wanting majority assert any credible weakness The death of Justice Scalia on Feb- to fill it with people from my State, for in Judge Garland’s background, integ- ruary 13 created a naturally occurring example. ‘‘Fit character’’ would re- rity, experience, character, judicial vacancy on a Court that is statutorily quire that the President nominate temper, or fitness for the position. In- required to have nine members. Within somebody who could pass that scrutiny deed, the majority’s senior Member, a hours of Justice Scalia’s death, the ma- in the Senate. ‘‘Fit character’’ is a respected former chair of the Judiciary jority leader announced a blockade on phrase with some significant subjec- Committee, has praised Judge Garland the vacancy, declaring that no nomina- tivity to it, giving each Senator the as exactly the kind of jurist who tion by President Obama would ever re- ability to decide what it means in a should be on the Supreme Court. ceive a hearing or a vote. This hastily given instance. But the position that In my recent interview with Judge announced blockade has been described the character of the nominee doesn’t Garland, I came away deeply impressed as follows: The majority thinks the matter at all—as evidenced by the ma- with his thoughtful manner and signifi- American people should decide on the jority’s view that there would be no cant experience as a trial attorney and Presidential race, and therefore, this meetings, no hearings, and no vote re- judge. This is no ivory tower jurist, but nomination should be for the next gardless of the person nominated for instead a man who understands the President to make, even if that means the vacancy—is directly contrary, in real-life struggles of plaintiffs and de- a Supreme Court vacancy for more my view, to the intent of the provision. fendants, lawyers and juries, legisla- than a year. I look at this, and I believe the as- tors and citizens, and trial judges who I want to examine the majority’s ra- serted rationale that we should not depend upon the Supreme Court to give tionale. What has the Senate done in take up the Garland nomination be- clarity and guidance to the rules that other instances when a vacancy has oc- cause the vacancy occurred in the final impact the most important issues of curred during the last year of a Presi- year of a Presidential term is at odds their lives. dent’s term? Well, that is easy enough with the text of the Constitution, with I think we should give President to find out. Before Justice Scalia’s the clear meaning of the text, as ex- Obama his due in proposing a nominee death, more than a dozen Justices have plained during the drafting of the pro- with such impeccable credentials. I re- been confirmed during a Presidential vision, and with the clear line of Sen- ject the first possible explanation that year. For the last 100 years, with the ate action in previous cases. the majority’s opposition is about the exception of nominees who have with- What could explain the blockade of nominee. In fact, a determination that drawn their nomination, the Senate Judge Garland? I obviously don’t know, Merrick Garland was not of fit char- has taken action on every pending and I can’t comment upon motivations acter to even receive consideration as a nominee to fill a vacancy on the Court. that I am unaware of, but I do want to Supreme Court Justice would set such In the past, some Senators have sug- discuss how it appears—a perception a high bar for appointees that it is hard gested that a vacancy occurring during that we are leaving, possibly unwit- to imagine anyone ever clearing it.

VerDate Sep 11 2014 01:24 May 18, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.039 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2855 Since the Garland blockade has noth- rishioners with whom I attend church. harmful to the independence of the ar- ing to do with the character of the They reacted with alarm when news ticle III branch. Even in the 3 months nominee, many perceive that it is in- came that certain leaders had declared, since Justice Scalia’s death, the stead explained by the majority’s views soon after President Obama was elect- Court’s rulings have shown the chal- of this President. ed, that their primary goal was to as- lenges of an eight-member Court. On Is there something about President sure that he would not be reelected. four occasions already, the Court has Obama that would warrant his Su- They watched with sadness as some in been unable to render a clear decision preme Court nominee receiving second- Congress raised questions about wheth- in a case of great importance. Since class treatment compared with past er he was even born in the United the blockade, if successful, will prob- Senate practice? States. They saw some in Congress ably maintain the artificial vacancy Could it be the circumstances of the question his faith and his patriotism. until the spring of 2017, it is likely to President’s election? Some Presidents They observed a Member of Congress happen in other cases as well. So lower have been elected with less than a ma- shout ‘‘you lie’’ at this President dur- courts, and all persons whose rights jority vote of the American public and ing a televised speech to the entire and liberties are subject to rule by this have thus been burdened with the no- Congress. They noticed, recently, as Court, are deprived of the clarity on tion that they did not have a mandate the Budget Committees of both the Federal issues that the Court was de- from the American public, but Presi- House and Senate refused to even hold signed to provide, but it is more than dent Obama was elected in both 2008 hearings on the President’s submitted just a hobbling of the Court’s ability to and 2012 with overwhelming majorities 2017 budget—the only time a President decide individual discrete cases. in the electoral college, and his pop- has been treated in such a manner Seventy years ago, when Winston ular vote margins in both elections since the passage of the Budget Control Churchill spoke at Westminster Col- were also relatively strong in compari- Act of 1974. In short, they are confused lege about the descent of an Iron Cur- son with the norm in recent Presi- and they are disturbed by what they tain across Europe, he defined the dif- dential elections. So there is nothing see as an attack on this President’s le- ferences between free societies and about the legitimacy of President gitimacy. I am not referring to an at- those driven by tyranny. Key to his de- Obama’s elections that would warrant tack on this President’s policies, which scription of free societies was an inde- treating this President’s nomination should always be fair game for vigorous pendent judiciary. It is an independent different from previous Executives. disagreement, and I have often at- judiciary that serves as a bulwark This makes extremely puzzling the tacked this President’s policies, but in- against Executive or legislative power majority’s claim that they want to stead what people are worried about is grabs, protecting the liberties of an in- ‘‘let the American people decide.’’ The some level of attack on the very notion dividual from an overreaching Execu- American people did decide. They gave that it is this individual occupying the tive or from a majoritarian legislature President Obama the constitutional re- Oval Office. that does not fully grasp the rights of sponsibility to nominate Justices to This latest action—the refusal to minorities. That is what an inde- the Supreme Court from his first day even consider any Supreme Court pendent judiciary is designed to do. I in office to his last. Some may not be nominee afforded by President Obama think we all know this independence of happy with the decision, but it is in- in his final year, when other Presidents the American judiciary has been one of sulting to the President and it is in- were granted consideration of their the great hallmarks of American de- sulting to the American electorate who nominees—seems highly suspicious to mocracy. chose him, according to longstanding them. When that blockade is main- In my view, the blockade of the Gar- and clear electoral rules, to demean tained, even after the President affords land nomination undermines this inde- the legitimacy of his election. to the Senate a nominee of sterling pendence. The Judiciary Act of 1869 Could it be the unique unpopularity credentials, the suspicion is height- sets the composition of the Court at of this President? I think one could hy- ened. When the asserted reason is the nine Justices with life tenure, and that pothesize a situation where a Presi- need to ‘‘let the people decide,’’ thus statute has remained in force for 150 dent, in the last year of his term, is so suggesting that the people’s decision to years. When President Franklin Roo- unpopular that a Senate might con- elect this particular President twice is sevelt didn’t like certain rulings of the clude that the public is no longer sup- entitled to no respect, they are deeply Supreme Court in the 1930s, he tried to portive of the Executive, but that is troubled. What can explain why this expand the Court and elbow out older not the case with President Obama. President—the Nation’s first African- Justices by proposing a forced retire- The President’s current popularity is American President—is singled out for ment age and an expansion of the num- actually quite strong compared with this treatment? bers in that Judiciary Act of 1869. Ev- other Presidents during their final Again, I don’t know, but we cannot erybody understood that FDR’s actions years in office. So there is nothing blind ourselves to how actions are per- were an attempt to attack the inde- about the President’s popularity with ceived. The treatment of a Supreme pendence of the judicial branch, and so the American electorate that would Court nomination by this President congressional leaders of both parties warrant treating his court nominee dif- that departs from the practice with stood up to stop him. ferent than the treatment afforded to previous Executives and that cannot be I think this current blockade is the past nominees. explained due to any feature of the par- legislative equivalent of what Presi- So what could it be about President ticular nominee under consideration dent Roosevelt tried to do. Refusing to Obama that would warrant the block- feeds a painful perception about moti- consider an Obama nomination in order ade of his Court nominee in a manner vations. The pain is magnified when it to artificially maintain a Court va- completely different than the way the is in connection with an appointment cancy for more than a year is as much Senate has treated all other occupants to the Supreme Court, whose very an attack on the judiciary as trying to of the Oval Office? In what way is this building proclaims in stone over its en- expand it beyond nine members. I hope President different to justify such trance the cardinal notion of ‘‘Equal we would agree with this: Whether an treatment? Justice Under Law.’’ independent judiciary is attacked by I state again what I have said before. There is a third interpretation of the the executive or the legislative Obviously, I don’t know the answer. I Garland blockade that is also trou- branches, we need to be equally dili- cannot say why the Senate would be so bling. Some see the blockade as just gent in repelling that attack. willing to break its historic practice sort of power politics—as an attempt American diplomats work every day and, by my reading of the Constitution, to slant the Court. The death of Jus- around the world trying to convince to refuse consideration of a nomination tice Scalia creates concern among other societies of the virtues of the made by this particular President, but those who fear a natural transition on rule of law and the independent judici- I can say it is painful and offer some the Court, so there is an effort to stop ary, but the current blockade, unless thoughts about how it appears to many that natural and lawful transition. corrected, suggests that we do not of my neighbors, to many of my con- The blockade on filling a naturally practice what we preach. By refusing stituents, as well as to many of my pa- occurring vacancy, in my view, is to fill a naturally occurring vacancy,

VerDate Sep 11 2014 01:24 May 18, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.040 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2856 CONGRESSIONAL RECORD — SENATE May 17, 2016 we send the message that the rule of cation shows—and we cure the painful ‘‘E pluribus unum’’—from many, one— law and an independent judiciary are and dangerous message that is commu- more importantly, the words above the ultimately secondary to having a more nicated by the current blockade strat- Supreme Court entrance, ‘‘Equal Jus- favorable or a more compliant judici- egy. tice Under Law.’’ ary, even when we have to weaken it to With that, I yield the floor. We have these soaring words in our obtain what we want. The PRESIDING OFFICER. The Sen- foundational documents and in our I once lived in a country with a mili- ator from Delaware. most important government buildings tary dictatorship that held this view of Mr. COONS. Madam President, I rise that suggest that we will ‘‘dispense jus- the judiciary. The judiciary was not to follow the eloquent remarks of my tice equally,’’ that we will be gathered prized for its independence but instead colleague from the State of Virginia from many differences in backgrounds was priced for its slavish obedience to and to remark upon 62 years—62 years into one. Yet the reality in this coun- a few in control of society. By refusing since Brown v. Board was handed down try, for its initial decades, more than to fill a Supreme Court vacancy be- by our Supreme Court; 62 days since its initial century, was anything but. cause a partial and weakened Court is Judge Merrick Garland was nominated It was 62 years ago today that the deemed more acceptable than a full by our President to fill a vital vacancy Supreme Court of these United States and lawfully constituted Court, we on our Nation’s highest Court. I wish issued a unanimous decision wiping move away from one of our best tradi- to thank and commend my colleague, a Plessy v. Ferguson away. tions—to become more like legal sys- very able attorney and someone who I rise briefly to comment that I grew tems that we are working to change has argued cases passionately around a up in a small town in Delaware known around the world every day. In doing wide range of issues but none so much as Hockessin. It was a so-called ‘‘Col- so, we weaken the judiciary by leaving as civil rights. ored’’ school in Hockessin that was the this vacancy that has already affected As Senator KAINE rightly pointed basis of one of these cases. There were proceedings, we weaken the Executive out, the history of Brown v. Board is actually two cases from Delaware: by hobbling the constitutional power that a series of cases were brought to- Belton v. Gebhart from Claymont, re- to fill dually constituted executive and gether from across several States—in- lated to the Claymont High School, judicial positions, but we also weaken cluding his State of Virginia and my and Bulah v. Gebhart, relating to the the legislative body, which has that State of Delaware—gathered together Hockessin Elementary School. In both important duty of checking these and argued in front of the Supreme cases, a famous lawyer from Delaware nominees for fitness of character, and Court by Thurgood Marshall, then named Louis Redding took their cases by doing it without even being willing chief counsel of the NAACP, and ulti- to the Delaware courts. A brave judge, to cast a vote, I think we hurt our own mately decided in 1954. Initially, a di- Judge Collins Seitz, rendered a judg- institutional credibility. vided Court was unable to render judg- ment that found the discriminatory In conclusion, I harken back to 1954. ment because in the spring of 1953, practices in the State of Delaware ille- A matter of fundamental importance Chief Justice Vinson had died, leaving gal. It was that case that was af- to our Nation was before the Supreme the Court then in a similar situation as firmed—of the five gathered—in Brown Court. The death of a Justice left an it is now—divided on a range of vital v. Board. eight-member Court that had already and important issues. Although Delaware has a very trou- shown it was deeply divided and likely The good Senator from Virginia has bled and checkered racial history, unable to reach a ruling, but the Sen- reminded us that our failure to act these cases are ones of which I and my ate did its job and filled the Court and now—our failure to do our job and to constituents can justifiably be proud. the Court could then render a ruling follow the dictates of our Constitution, Moments when the courts of this coun- that changed the course of American the ‘‘shall’’ language in article II, sec- try have stepped up and wiped the history for the better. tion 2—the failure of this body to offer stain of racism and of legal segregation We should learn from that history any hearing or vote on this very capa- from our books are moments of which and do our job. Persisting with this ble circuit court judge sends the wrong we can and should be proud. current blockade and sending these message, not just here within this As my colleague from Virginia point- possibly unintentional messages is country to our citizens but around the edly reminded us, for 62 days the in- deeply dangerous. The refusal to carry world. credibly qualified and capable district out the commands of the Constitution The Senator from Virginia spent court judge nominated by our current and the Judiciary Act of 1869, to abide time—and it changed his life and his President has waited—waited for an by the Senate precedents, to fill a nat- perspective—in Central America as a answer from this body, waited for a urally occurring Supreme Court va- younger man in a country where judi- hearing before the Senate Judiciary cancy, to offer the advice and consent cial independence was a fiction on Committee, on which I serve, waited that is part of a Senator’s job descrip- paper. I, too, spent time in the 1980s in for a vote. In the century that there tion, and to entertain a well-qualified a country in Southern Africa known as has been a Judiciary Committee of this nominee—even for a hearing, much less South Africa, where this same legal body, every previous nominee who has a vote—will not be viewed favorably in system that existed here under Jim not withdrawn has received a hearing, the bright and objective light that his- Crow existed there under the name of a vote, or both. tory will shine on all of our actions. apartheid. It is to that country I go in What are we so afraid of in allowing We can fix this. If the Judiciary Com- just 2 weeks, with Congressman JOHN this talented judge to come forward, to mittee will hold a hearing, cast a vote, LEWIS of Georgia and with the children lay his views and his credentials and report Judge Garland to the floor, and of Robert Kennedy, to commemorate his experience before this body or a then ensure that the Senate debates the 50th anniversary of a speech given committee of this body? What is the this nomination and holds a floor vote, in Cape Town 50 years ago. concern? My colleague from Virginia we will uphold our responsibility. It is a striking moment for us to re- has asked and I ask, what is the ani- Judge Garland might be confirmed or flect on the importance and the power mating concern that insists that for 62 he might be rejected, but in taking ac- and the centrality of Brown v. Board in or 63 or 64 or more days, Judge Garland tion—rather than mounting an unprec- wiping away the dark stain of Plessy v. must wait, throughout this entire year edented blockade—we preserve the Ferguson, that obscene legal fiction perhaps, into next year? How many ability of each Senator to make the rendered in 1896 that ‘‘separate but cases will remain undecided by an judgment about whether Judge Gar- equal’’ allowed us to square the hor- equally divided Court due to our un- land possesses the fit character nec- rible distension of justice in our coun- willingness or the unwillingness of essary for this position. We act in ac- try of a separation between the races many in this Chamber to do their job, cordance with the Constitution and the with the words in our Constitution, the to take up the challenge, to have a Judiciary Act of 1869, we follow the words above the Presiding Officer, the hearing, and to cast their vote? traditional practices of the Senate— words above the entrance to our Su- With that, I simply want to say that practices that have served us well, as preme Court, the words above the Pre- it is to me of grave concern that we the case of Brown v. Board of Edu- siding Officer’s desk in our Chamber, have not acted as a body, that we have

VerDate Sep 11 2014 01:24 May 18, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.042 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2857 not acted collectively to provide a path ute to their work as well and a re- cided otherwise if there had been nine forward for this talented, capable minder that individuals can make a Justices to give a majority to one judge. Many in this Chamber may find difference in our system, can litigate point of view or another. him not to be capable or qualified, but to a successful conclusion, can advo- Justice Scalia warned against this without a hearing, how would you cate principles that are a matter of very issue, stating that ‘‘eight justices know? He has submitted a full re- moral imperative. It took an act of the raise the possibility that, by reason of sponse—thousands of pages—to the Supreme Court, of an independent judi- a tie vote, [the Court] will find itself questionnaire typically expected before ciary, to declare educational segrega- unable to resolve the significant legal the Judiciary Committee of any nomi- tion unconstitutional and integration issue presented by the case. . . . Even nee. His record is before us—abundant, the law of the land. one unnecessary recusal impairs the voluminous. He has more experience As a law clerk on the U.S. Supreme functioning of the Court.’’ than any previous nominee as a Fed- Court in the 1974–1975 term, working Justice Scalia’s foresight was pre- eral circuit court judge. What is the for Justice Harry Blackmun, I had the scient. In two recent cases, even before concern that would prevent us from chance to watch arguments, some of the one yesterday, the Court dead- moving forward? them on pressing issues of the time, On this 62nd anniversary of the most but also to talk with some of the Jus- locked, unable to reach a definitive important decision, in my view, in the tices who watched or even participated pronouncement on the law, because of history of the U.S. Supreme Court, in the Brown decision, including Jus- a 4-to-4 tie. Unnecessary circuit splits Brown v. Board, I call on my colleagues tice Thurgood Marshall, the chief coun- cause uncertainty, which in turn ham- to once again show the courage of sel for the plaintiffs in Brown. pers the activities of ordinary citizens, Louis Redding, of Judge Seitz, of Jus- Anybody who thinks that decision of small businesses wondering what tice Warren, and of all of those who was inevitable should talk to some of rules will apply to them, whether it is rendered central decisions in the his- the lawyers who were involved in the banking rules or investment regula- tory of this country that allowed our litigation and who eventually advanced tions, hampering their ability to plan Supreme Court to operate independent it to the Supreme Court and to its suc- and create jobs. of political interference and capable of cessful conclusion and read the history The Washington Post recently re- making real the promise above our Su- of the controversy within the Court ported that the Court’s acceptance of preme Court of ‘‘Equal Justice Under and the internal debate that took place new cases has slowed significantly, Law.’’ about the proper role of the Court and leaving crucial unresolved legal ques- I yield the floor. the principles to be applied. It was far tions without definitive answers. That The PRESIDING OFFICER. The Sen- from inevitable. But it also shows how is not how our system is supposed to ator from Connecticut. the branches of government, working work. That is not how the Founders Mr. BLUMENTHAL. Madam Presi- together and collaboratively advancing saw it. That is not how the Supreme dent, I am very honored and I feel very justice in America, are important to Court could resolve the Brown v. Board privileged to be a member of this body the fundamental dynamic of our con- of Education challenge. The Supreme today as we commemorate the anniver- stitutional system. Court must have a full complement of sary of Brown v. Board of Education. I The Brown decision took enforce- Justices to effectively address these thank my colleagues, the distinguished ment. President Dwight Eisenhower led complex, challenging, urgent issues Senator from Delaware, and most espe- that effort in one of the toughest tests faced by our Nation today. cially my very good friend and col- in the massive protest in Little Rock, I reject the notion that the Senate’s league from Virginia for his very elo- AR, just 3 years after Brown. refusal to act, as laid out in no uncer- quent and powerful remarks and also Ten years after Brown, Congress ex- tain terms by our Republican col- for bringing us together in this col- panded the logic of this great decision leagues, fulfills our constitutional obli- loquy today. to pass the Civil Rights Act of 1964 gation. It is our obligation to advise Sixty-two years ago on this day, the making segregation in public places and consent on the President’s nomi- Supreme Court unanimously struck like restaurants illegal as well. nee. We ‘‘shall’’ do so. That is the con- down as unconstitutional the segrega- Reading and reviewing the dynamics stitutional mandate—not when it is po- tion of schools by race, declaring that of the Court at the time, one wonders litically convenient, not when we think ‘‘separate but unequal schools are in- what would have happened if there had it is advantageous, but when the Presi- herently unequal.’’ Today, that propo- been only eight members. How history dent nominates, whoever the President sition seems so obvious as to be indis- might have been different. Justice is, whether it is President Eisenhower putable and the fact of a unanimous might have been delayed and perhaps nominating Earl Warren or Presidents Supreme Court seems inevitable, but it history changed for the far worse, jus- Truman and Roosevelt, who nominated was hardly inevitable 62 years ago. tice denied as a result of that delay. other Justices on the Supreme Court It is a triumph and tribute to Amer- The group of Justices who unani- who decided Brown v. Board of Edu- ican justice that it happened and that mously issued the decision was no in- cation. it happened at all given the staunch tellectual monolith; they were mem- and implacable resistance that there bers nominated to the Court by Presi- We cannot afford to weaken the Fed- was to that proposition 62 years ago. In dents Roosevelt, Truman, and Eisen- eral judiciary’s credibility, the trust fact, the Supreme Court courageously hower. Before the Court came an issue and confidence of the American people stepped forward to advance American of major significance, which they came in the authority of our judiciary. Its justice and establish a milestone and together to evaluate on principles of authority depends on it being above reestablish the principle that it is en- law that we all share, that discrimina- politics. Alas, what the Senate is doing shrined in our Constitution that every tion is invidious and intolerable and is dragging the U.S. Supreme Court citizen is entitled to equal protection violations of the Constitution will be into the muck of partisan bickering. under law. held unacceptable in the Court. Brown v. Board of Education became The battle to upend years of racial Today, congressional Republicans, the law of the land because of the U.S. and educational inequity remains un- very frankly, hamper the ability of the Supreme Court’s credibility. The Su- finished today. If we emerge from this Supreme Court to answer important preme Court had no police force to en- colloquy with any message, it must be legal questions of our time by refusing force it. It had no armies or mandatory that the work remains unfinished and to hold even a hearing or a vote for physical force. It had its credibility there is so much more work to be done Judge Merrick Garland. Their doing so and its authority, its moral authority in the spirit and letter of the law. has left the bench of the Supreme because it was above politics in the The culmination of decades-long Court with only eight Justices. That minds of most Americans. That is the work and strategy by innovative law- lack of a ninth Justice diminishes and reason President Eisenhower was able yers, community organizations orga- in many respects even disables the to do what he succeeded in enforcing at nizers, and other advocates of social Court, as we saw just yesterday in a de- Little Rock and the Presidents after- change was that decision. It is a trib- cision that might well have been de- ward have done similarly.

VerDate Sep 11 2014 01:24 May 18, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.044 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2858 CONGRESSIONAL RECORD — SENATE May 17, 2016 Most importantly, I hope we all take This is extraordinary progress we have do almost 50 years after King spoke time today to reflect on the impor- seen in our country, something we those words. Time has not solved the tance of the Brown decision and recog- should all celebrate. problem. There remain challenges in nize the grit and courage of the men Under the law, at the very least, the our country. This duality is more sub- and women who fought to end school Supreme Court clearly affirmed all tle in some ways than it was in 1954, segregation only 62 years ago. The best Americans’ right to a quality edu- but there still exists injustice in Amer- way of honoring their legacy is to do cation and in doing so affirmed equal ica. From housing to education, de our job and our duty constitutionally, value, dignity, and worth of our kids. facto segregation along socioeconomic to fulfill that duty and their legacy by However, it is also worth reflecting and racial lines has blended together, considering Judge Garland’s nomina- on the anniversary of Brown that our in many ways replacing what was then tion without further delay. Nation has struggled to live up to these de jure segregation. I yield the floor and recognize my standards in full. Brown advanced a Census data has shown that residen- distinguished colleague from New Jer- civil rights movement that helped de- tial segregation by race has declined sey. segregate many parts of American soci- very slowly but that Whites still live The PRESIDING OFFICER (Ms. ety, but we still have work to do. Let largely in neighborhoods with low mi- AYOTTE). The Senator from New Jer- us take this anniversary to recognize nority density. People of color still live sey. not just our progress, to celebrate not in neighborhoods with high minority Mr. BOOKER. Madam President, I just that milestone, but to understand density. Many of these neighborhoods rise to discuss—along with my friends that the work of equality, the work of were designed through policies that and colleagues on the Senate floor— recognizing the value, the worth, and were discriminatory against minori- what is a momentous anniversary for how much we need each other as a ties. We still are seeing the legacies of our country, the 62nd anniversary of community still goes on. those policies from redlining to FHA the Brown v. Board of Education deci- In fact, just yesterday, six decades policies, to HUD policies that were de- sion, its legacy, and the work that still after the Supreme Court in Brown signed to create segregation. The leg- remains before us. struck down the doctrine of ‘‘separate acy of that still exists in segregated I thank my colleagues for standing but equal,’’ a Federal judge ruled that neighborhoods today. and speaking on this anniversary and a school district in Mississippi was con- While poverty rates among African understanding that it was 62 years ago tinuing to operate a segregated, dual Americans has fallen over the past half today the Supreme Court unanimously secondary school system: one set of century—something we should be affirmed that separate could never be schools for Whites and one set of proud of—Black poverty rates are still equal, that under the law—at the very schools for Blacks. more than double that of Whites. That least—every child born in America, re- Across the country right now, about means the same for kids today. Chil- gardless of the color of their skin, had 40 percent of Black and Latino stu- dren of color are often twice as likely the right to pursue a quality edu- dents attend intensely segregated to be poor as White children. cation. schools—meaning more than 90 percent In fact, one out of the three Hispanic The Court found that separate minority student body—and White stu- children growing up today are growing schooling of children based on their dents are similarly segregated from up in poverty. One in six African-Amer- race was in direct violation of the 14th their peers of color. Only 14 percent of ican children live in what is called ex- amendment of the Constitution. The Whites attend schools that one would treme poverty on less than $8 a day. Court’s finding is perhaps best summa- consider multicultural, multiracial, This is not who we are as a nation. rized by this excerpt from Justice War- and reflecting the diversity of our Our children are our greatest natural ren’s opinion when he said: country, and too many of our schools resource. In a global, knowledge-based We come then to the question presented: continue to fall short of our low-in- economy, when we are competing Does segregation of children in public come and minority students. In other against other nations from Germany to schools solely on the basis of race, even words, too many of our students of Japan, in this kind of economy, the though the physical facilities and other color and of low-income students are most valuable natural resource a na- ‘‘tangible’’ factors may be equal, deprive the concentrated in poor-performing tion has is not oil or coal or gas, it is children of the minority group of equal edu- schools. the genius of our children. cational opportunities? We believe that it More than 1.1 million American stu- Many people think Brown was about does. dents are attending over 1,200 high achieving greater justice for Black peo- Those were historical words. This not schools in our Nation that fail to grad- ple, but what we really understand—es- only made clear at the time that the uate one-third of their students. To pecially in retrospect—as we see Afri- deep and profound illegality of segrega- me, this is an outrage. It is an immoral can Americans now contributing in tion was real, but it set a legal stand- affront to whom we are. We still have every area of life, the reality is this ard for generations in posterity that work to do. was about bringing justice to all of reflects our deepest held American val- Our Nation is still struggling to live America. ues, that we as a nation believe in up to the ideals and, indeed, the judi- Brown was saying that, hey, we as a equality. We as a nation believe in our cial standards set by Brown in the country cannot stand if we are apart interdependency to one another. realm of education in many ways be- because a house divided does fall. In the decades since the Brown rul- cause of our failure to live up to this Brown was saying the truth is, we do ing, the implementation of the Court’s standard in so many other areas of our better when we are together, like the decision has contributed to a lot of American life. old African saying that says: If you progress. Frankly, I stand here today There still exists, in the words of Dr. want to go fast, go alone. But if you because of the progress and momentum Martin Luther King, that ‘‘Other want to go far, go together—because that was exhibited by that decision. America.’’ Dr. King spoke of this in the we as a country need each other. It is Right before Brown v. Board of Edu- year before I was born—in 1968—about like those words on the Jefferson Me- cation, only about one in seven African the ‘‘Other America.’’ He spoke of the morial, written in our Declaration of Americans, then compared with more duality that persisted, the disparities Independence, when we knew—to make than one in three Whites, held a high in housing, education, employment, this country work—we needed one an- school degree. and in income. He spoke of what he re- other, so much so that those Founders Today we have come so far the Cen- ferred to very pointedly as the myth of pledged to each other their lives, their sus Bureau reports that 87 percent of time, the misguided idea that only fortunes, and their sacred honor. Black adults have a high school degree, time can solve the problem of racial in- In this competitive nature, we can- nearly equal to that of Whites, which justice, the idea that things will work not afford to waste things. Worse than are at 89 percent. Before Brown, only out for themselves. the gulf coast oilspill, we are wasting about 1 in 40 Blacks earned a college As happy as I am about the progress the potential of our children when we degree. Now, more than one in five we have made as a country, I have to leave so many floundering in poverty Black students are going to college. say that we still have so much work to and lack of educational opportunities.

VerDate Sep 11 2014 01:24 May 18, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.046 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2859 Children growing up in poverty right five African Americans has lost their greater justice. With people in their now have dramatically negative life right to vote. seats, in their jobs, I have faith in outcomes compared to people who are This isn’t just affecting those people America and in our ability to get it not growing up in poverty. In fact, who are churned into the system, it is right. right now in America, where 20 percent affecting their children as well. We need to make sure that today we of children live in poverty, only 9 out Today in America, one in nine Black give every opportunity to get the job of every 100 kids born in poverty will kids are growing up with a parent be- done, to do the work that is necessary. make it to college, often an index of hind bars, which means it affects their It is important that we fill positions being able to be successful, manifesting financial well-being and it affects their and vacancies, and the one on the Su- your genius, finding greater ways to ability to rise up out of poverty be- preme Court now is clearly needed. contribute to the whole. cause they are being thrust down into So today is an important day of re- We have work to do. In particular, we it. In fact, a recent study has shown membrance, but history shows that we have work to do in an area that drives that we as a country—as a whole— cannot simply get stuck applauding so much of the injustice in our coun- would have 20 percent less poverty if our past. The glory and greatness of try. One of the great ways we are see- we had incarceration rates similar to ancestry is truly worthy of our rev- ing injustice in my generation that was those in other industrial nations. erence. But if we are to honor those not the case in my parents’ generation, So here we celebrate the anniversary who struggled before, if we are to that was not a reality in the 1950s, has of this momentous decision that took a honor those milestones, if we are to been the criminal justice system. huge step for our Nation in the march celebrate the history that shows us at Something has happened and exploded. toward justice and equality, but be- our best when we came together— Injustice in our country is growing like cause of staggering injustices like we Black American, White American, a cancer on the soul of our country. see in our broken criminal justice sys- Latino American, Indian American, The same Supreme Court where that tem, kids often struggle more in school Asian American—if we are to celebrate great case was decided, where written and are poorer and have fewer opportu- those great days of the past, we must above the wall is ‘‘Equal Justice Under nities for success. celebrate them not just with cheers Law,’’ we now see a nation that has a So 62 years after Brown, we know our and remembrances but by redoubling criminal justice system that is not af- schools don’t exist in vacuums. They our work in accordance with those val- fording equal justice to all Americans. exist because of the communities ues. Unfortunately, we see that often fall- around them. When communities of We must have a sense of urgency. ing among racial lines. We have this privilege have the same amount of vio- Time is not neutral. We must use it. explosive drug war, which has not been lations of drug crimes as communities We cannot just count the great days of a War on Drugs, but it has been a war of poverty, yet the communities of pov- the past. We must make this day count on people, particularly the most vul- erty experience a criminal justice sys- as we continue the work of our Nation, nerable people in our society, from peo- tem that has so much more incarcer- as we continue to be the country that ple who are addicted to substances, ation, we are often condemning chil- we say we are—a nation of liberty and from people who have mental illnesses, dren to having greater hills to climb justice for all. With that, I yield the floor. and greater mountains of injustice in from people who are poor, and, yes, dis- The PRESIDING OFFICER. The Sen- front of them. proportionately directed toward mi- ator from Kansas. norities. I stand here on this day to celebrate We now see a criminal justice system so much this great decision but also to HONORING POLICE DETECTIVE BRAD LANCASTER Mr. MORAN. Madam President, I rise where we know, based upon data anal- remind us that we have work to do in this afternoon in the middle of this de- ysis, there is no difference between this country until we can begin to live bate on an appropriations bill because Blacks and Whites in usage of drugs. In up to this ideal of patriotism, which is of the timing of a tragedy in our State fact, there is no difference in selling love of country and which to me neces- and the reality that this is a week of drugs between Blacks and Whites, but sitates that we love each other. We importance to reflect upon what hap- the reality is, if you are African Amer- don’t always have to agree with one pened in Kansas just a few days ago. ican in this country, you are 3.7 times other. We don’t always have to get I wish to honor the life of Police De- more likely to be arrested for those along. But we have to recognize that tective Brad Lancaster. He was a mem- drug crimes. every one of us in this Nation has ber of the Kansas City, Kansas Police If you are churned into the criminal value, has worth. We need each other, Department, and he was killed in the justice system as a result of those ar- and we need our children to do well be- line of duty. On May 9 of this year, De- rests, just one arrest for a nonviolent cause if my neighbor’s child loses, I tective Lancaster joined Kansas City, drug offense—something that the last lose. If they go to prison, I pay. But if KS, patrol officers in responding to a two Presidents have admitted to they succeed—if they become a teach- call about a suspicious person. When doing—and you are arrested for that, er, an artist, a biologist, an inventor, a law enforcement arrived, the sus- then you find yourself in a world businesswoman—then they contribute picious person fled into a field where where, as the American Bar Associa- to this country and my children benefit Detective Lancaster exchanged gunfire tion says, you have literally 40,000-plus because your children succeeded. That and was hit twice. Unfortunately, ulti- collateral consequences, where you find is the story of America. mately, he died from his injuries. it exceptionally difficult to find em- We cannot afford to leave people be- Detective Lancaster gave his life to ployment when you finish with your hind as we, as a nation, strive for ex- keep his community safe, and he de- sentence. You find it incredibly dif- cellence and greatness. We cannot be a serves our highest respect and appre- ficult to get a loan to perhaps start a nation that is truly reaching its poten- ciation, our love and care for his fam- business, to even attempt to get a busi- tial if we are wasting so much of that ily, for his service, and for his sacrifice. ness license or a Pell grant. If you potential on the sidelines. His friends, family, and neighbors re- can’t feed yourself, in many cases, you I would be remiss if I did not also member Brad Lancaster’s commitment find it hard to even get food stamps or speak to a process issue. While we are to his community and its extension be- to find public housing assistance. still working to fulfill the vision of yond his 9 years of service to the Kan- We now live in a nation where we Brown, it is more urgent now than ever sas City, Kansas Police Department. have so overincarcerated dispropor- that we have a fully functioning Su- Before joining the police department, tionately some areas of our country, preme Court. We were fortunate to Brad served in the U.S. Air Force and that today 1 in 13 Africa Americans are have had a functioning Supreme Court completed two tours of duty abroad, in- prevented by law from even voting. in 1954. There were nine Justices doing cluding one in Kuwait during Desert They have lost their right to vote be- their job, a President willing to do his Shield. Neighbors say Brad was a fam- cause of a felony conviction. In some job, and a Senate—all working in a ily man and one who was always there States, the overincarceration for drug time of great tumultuous change in our to offer a helping hand. crimes is so great that we see, in places Nation. People were focused and stead- Detective Lancaster is survived by such as Florida, that one out of every fast—in both parties—toward creating his wife Jamie and two daughters,

VerDate Sep 11 2014 01:24 May 18, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.047 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2860 CONGRESSIONAL RECORD — SENATE May 17, 2016 Brianna and Jillian. I join the Kansas and dedicated Member of the U.S. Sen- Arizona has certainly described the sit- City community and law enforcement ate—an expert on national security, a uation very well: It is the intellectual agencies across the country in our person who has served with honor in center of the Army. I believe today prayers for Detective Lancaster and his the U.S. Marine Corps, and has served that I can tell Kansans that the threat family as we mourn his death. in this body and in the other body hon- from this administration will go This tragic loss occurred just prior to orably in positions of responsibility. unfulfilled. National Police Week, a time in which Where we may have had a disagree- Last week, in a private meeting with we celebrate those who leave their ment, my friend has shown he is a man Deputy Defense Secretary Robert homes and families each day and put of conviction regarding the detainees Work, I received the assurances I need- their lives on the line to keep our from Guantanamo coming to the ed to hear to release my vote on Mr. neighborhoods safe. So today, during United States of America. But he also Fanning. Make no mistake. I think this National Police Week, and espe- understands fully the importance of President Obama’s threat to act by Ex- cially in the wake of this tragic death the position of the Secretary of the ecutive order still remains. However, in Kansas City, I wish to express my Army. Secretary Work has assured me that, sincere thanks and appreciation to Senator ROBERTS and I have worked as the individual charged with exe- American law enforcement officers and closely together on this year’s Defense cuting a movement of detainees to the their families and to thank them for Authorization Act to ensure the ad- mainland, he would be unable to fulfill working tirelessly amid dangerous con- ministration does not have the author- such an order before the close of this ditions for the sake of others and for ity to release or transfer detainees on administration. Practically speaking, upholding the law and for the burdens the mainland. Unfortunately, the ad- the clock has run out for the President. they shoulder and the sacrifices they ministration has failed for over 7 years As I have stated on this floor and to make on a daily basis. We owe so much to present a substantive plan on how my good friend and colleague, the dis- to these everyday heroes. they intend to close Guantanamo Bay, tinguished Senator from Arizona, my Law enforcement officers perform to me, to the Congress, to my col- issue has never been—let me make this some of the most difficult and haz- leagues, or the American people. very clear—with Mr. Fanning’s char- ardous jobs in America. A routine traf- Thanks to Senator ROBERTS’ efforts, acter, his courage, or his capability. He fic stop can turn into deadly gunfire, a this year’s bill extends the prohibition will be a tremendous leader as Army shootout without warning. Members of to any reprogramming request to Secretary and will do great by our sol- this legislative body and communities transfer or release detainees. These diers at Fort Leavenworth, Fort Riley, across America alike must do every- provisions confirm that President and—let me emphasize—every soldier thing we possibly can to prioritize and Obama will not be able to move detain- serving our Nation today. protect the lives of those who protect ees to the mainland of the United I just talked to Mr. Fanning this us. States of America in the coming year. afternoon and let him know I was re- Federally, efforts like the Justice As- I want to point out that I understand leasing this hold and wished him good sistance Grant Program and the bullet- Senator ROBERTS’ emphasis and value luck on his speech to the graduates of proof vest grant program help enhance that he places on Fort Leavenworth. West Point. I look forward to voting the safety of our law enforcement offi- Fort Leavenworth is the intellectual for Mr. Fanning, who has always had cers, and Congress’s continued support center of the United States Army. This my support for this position. of these efforts is important. This body is where General David Petraeus spent I am happy to support his nomina- passed the Fallen Heroes Flag Act, 2 years developing strategy for the tion today with these new assurances which was signed into law on Monday. surge—at Fort Leavenworth. This is from the administration and from the This week, I hope the Senate will where the up-and-coming leaders of the chairman and ranking member of the unanimously adopt a resolution to ex- U.S. Army—and other services as well, Senate Armed Services Committee to press appreciation to the police officers but primarily the U.S. Army—go to get work with me to strengthen provisions and honor each of the 123 who were their training, their intellect, and their on funding for the transfer of detainees killed in the line of duty last year. ability to lead. So I can fully under- to the mainland in this year’s National Support and appreciation for law en- stand why my friend from Kansas Defense Authorization Act. I have forcement must be delivered not only would be adamantly opposed to the worked closely with Chairman MCCAIN in the communities where officers have transfer of detainees to Fort Leaven- and Ranking Member REED. I look for- been killed but to every officer every worth, which would change the com- ward to completing work on an author- day. When we as Americans commit to plexion and the makeup of that very izing bill shortly. Additionally, the the safety, training, and support of law important place in the past, present, Senate Appropriations Committee is enforcement, we can help to secure our and future of the U.S. Army. committed to prohibiting funding for streets, strengthen our communities, So I thank my colleague from Kansas construction or modification to any fa- and, hopefully, reduce the number of for his agreement today. I would ask cility in the United States for the pur- deaths in the line of duty. him to say a few words before I ask pose of housing detainees in this year’s May Kansas City, KS, police detec- consent that this nomination be con- MILCON funding bill currently on the tive Brad Lancaster and each of those sidered. floor. fallen heroes rest in peace. Again, I appreciate my old friend Madam President, I yield the floor. whose passion, whose commitment to With the clock running down on the I suggest the absence of a quorum. the people of Kansas is without equal— last months of the Obama administra- The PRESIDING OFFICER. The which also accounts for the fact that tion, it is increasingly improbable that clerk will call the roll. they have sent him here to represent this administration could bring high- The senior assistant legislative clerk them on several occasions. value terrorists and their associated proceeded to call the roll. Madam President, I yield the floor. risks to an American community like Mr. MCCAIN. Madam President, I ask The PRESIDING OFFICER. The Sen- Fort Leavenworth, KS. unanimous consent that the order for ator from Kansas. The bottom line is this: We have run the quorum call be rescinded. Mr. ROBERTS. Madam President, I out the clock, and Congress looks to The PRESIDING OFFICER. Without thank my colleague and my good friend prohibit this administration from mov- objection, it is so ordered. from Arizona for enabling me to make ing detainees to the mainland at every Mr. MCCAIN. Madam President, I ask a few remarks to address the nomina- turn. As the Secretary of Defense and unanimous consent to address the Sen- tion of Mr. Eric Fanning to serve as the Attorney General have testified be- ate as in morning business. Secretary of the Army. fore Congress, moving detainees to the The PRESIDING OFFICER. Without I have pledged to the people of Kan- mainland is prohibited by law and will objection, it is so ordered. sas that I would do everything in my remain so through the end of this NOMINATION OF ERIC FANNING power to stop President Obama from President’s term. Mr. MCCAIN. Madam President, I am moving terrorist detainees to Fort I again thank my friend and my col- here with my good friend from Kansas Leavenworth, KS. The Senator from league, Senator MCCAIN, for working

VerDate Sep 11 2014 01:24 May 18, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.048 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2861 with me to work this out. My con- moment to thank Senator COLLINS and Unfortunately, Senator LEE’s amend- gratulations to Secretary Eric Fan- Senator JACK REED for their terrific ment will undermine some of the good ning—Army Secretary Eric Fanning. work on this bill and for how they we are doing with this legislation. It I yield the floor. teamed up to manage this bill in pretty will prohibit the Department of Hous- The PRESIDING OFFICER. The Sen- much the right way. ing and Urban Development from car- ator from Arizona. With this legislation, we are making rying out a key component of the Fair Mr. MCCAIN. Madam President, I critical investments in our transpor- Housing Act of 1968. When Congress again thank my old friend from Kansas tation, housing, and community devel- passed that bill in the wake of the as- for his agreement to move forward. I opment programs. In this country sassination of Martin Luther King, Jr., look forward to continuing our long, today, one in four families who rent it made housing discrimination illegal many years’ effort together to keep spend more than half of their income in every State in the Nation for the this Nation safe. on housing. We have been taught from first time. young adulthood on that you shouldn’t For generations, redlining, restric- f spend more than 25, 30, or 35 percent at tive covenants, and outright discrimi- EXECUTIVE SESSION the most on house payments or rent, nation kept families of color locked yet one-fourth of Americans are spend- out of entire neighborhoods and cre- ing more than half of their income on ated segregated communities that lin- EXECUTIVE CALENDAR housing. ger to this day. These were tools of ra- Mr. MCCAIN. Madam President, I ask I recently read the book ‘‘Evicted’’ cial oppression as well as economic op- unanimous consent that the Senate by Matthew Desmond. In that book, pression, and in far too many cases, proceed to executive session to con- one renter was quoted as saying that they went hand in hand. The Fair sider the following nomination: Cal- when her paycheck came in, her rent Housing Act made these despicable endar No. 477 only, with no other exec- eats first. She had kids who were hun- practices illegal everywhere. utive business in order. gry. She had bus tokens to buy so she Congress included another important The PRESIDING OFFICER. Is there could get to work. With all of the chal- component in the Fair Housing Act: a objection? lenges she had, she said: My rent eats requirement that HUD and its grantees Without objection, it is so ordered. first. We know what that means. administer their federal housing and The clerk will report the nomination. In housing, whether it is in rural urban development grants in a way The bill clerk read the nomination of Maine or whether it is in urban or that would affirmatively further fair Eric K. Fanning, of the District of Co- rural Ohio, we know that rental prices housing. State and local governments lumbia, to be Secretary of the Army. have continued to go up and up. Evic- and public housing authorities were re- Thereupon, the Senate proceeded to tions are so much more common than quired to use their Federal funds in consider the nomination. they were a decade or, especially, two ways that would reverse, rather than Mr. MCCAIN. Madam President, I decades ago. That has to change, and it reinforce, segregation in these commu- know of no further debate on the nomi- makes clear why we need to maintain nities. But today, the outlines of dec- nation. our existing affordable housing re- ades-old discrimination are still too The PRESIDING OFFICER. Is there sources. visible. any further debate? This bill focuses on improving the I listened to a preacher on Martin Hearing none, the question is, Will quality of federally assisted houses and Luther King Day on a cold Cleveland 1 the Senate advise and consent to the removing lead paint hazards from January morning 2 ⁄2 years ago. He said Fanning nomination? homes. We know the effect that has on something we all know but don’t think The nomination was confirmed. us. We learned from Flint about water, enough about: Life expectancy is con- but we know an even bigger problem is Mr. MCCAIN. Madam President, I ask nected to your ZIP Code. Whether you unanimous consent that the motion to lead in paint. In 2007, in the city that I grow up on the east side of Cleveland, reconsider be considered made and laid call home, the city of Cleveland—the whether you grow up in a wealthy sub- upon the table, the President be imme- ZIP Code I live in, 44105—there were urb, whether you grow up in Appa- diately notified of the Senate’s action, more foreclosures in my ZIP Code than lachia, whether you grow up in a pros- and the Senate then resume legislative any ZIP Code in the United States. We perous small town, your ZIP Code de- session. also know in cities like Cleveland and termines whether you have access to The PRESIDING OFFICER. Without rural areas like Appalachia, where good health care, to quality education, objection, it is so ordered. most of the housing stock is World War to social support necessary to succeed. II or older, almost all of that housing When where you live matters this f stock has toxic levels of lead paint. much, we all have a moral obligation LEGISLATIVE SESSION The bill pays particular attention to to ensure that families can live in the transit safety. The Banking Committee neighborhoods of their choice and to The PRESIDING OFFICER. The Sen- oversees transit. Senator MIKULSKI has ensure that communities are creating ate will now resume legislative session. worked with Senator SHELBY and me, opportunity in every ZIP Code. Unfor- Mr. MCCAIN. Madam President, I as well as our colleagues representing tunately, in the 50 years since our suggest the absence of a quorum. the local area—Senators WARNER, country passed the Fair Housing Act, The PRESIDING OFFICER. The CARDIN, and KAINE—to make sure the HUD has not provided enough direction clerk will call the roll. FTA has the resources needed to over- to help communities meet this goal. The bill clerk proceeded to call the see the Washington Metro. It is some- A 2010 GAO report recommended that roll. thing we have neglected for decades. HUD take action to improve its process Mr. BROWN. Madam President, I ask I wish to thank my colleagues for for meeting its obligations, including unanimous consent that the order for working with us to ensure that young three things: establishing standards the quorum call be rescinded. foster care alumni don’t have to choose and a format for grantees to follow, re- The PRESIDING OFFICER. Without between getting the education they quiring grantees to establish time- objection, it is so ordered. need to be self-sufficient and having a frames for implementing their plans, f roof over their heads. I wish more and requiring grantees to submit their funds were available for these impor- analyses to HUD for review. TRANSPORTATION, HOUSING AND tant investments—particularly, addi- HUD developed a new rule that will URBAN DEVELOPMENT, AND RE- tional funding to address family home- finally help local governments across LATED AGENCIES APPROPRIA- lessness. But I thank my colleagues for the country support and foster fair TIONS ACT, 2016—Continued their work within the subcommittee’s housing policies that create vibrant AMENDMENT NO. 3897 funding constraints and their attention and integrated communities. This rule Mr. BROWN. Madam President, I rise to these critical issues. I especially was developed through a 2-year public today to speak in opposition to the Lee thank the chair, SUSAN COLLINS, for process. Twelve of my colleagues and I amendment No. 3897. I wish to take a that. urged Secretary Castro to develop a

VerDate Sep 11 2014 03:58 May 18, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.049 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2862 CONGRESSIONAL RECORD — SENATE May 17, 2016 strong rule after considering comments In the fell clutch of circumstance I yield the floor. from stakeholders. I have not winced nor cried aloud. The PRESIDING OFFICER. The Sen- Senator LEE’s amendment would stop Under the bludgeonings of chance ator from Vermont. My head is bloody, but unbowed. HUD from responding to those GAO AMENDMENT NO. 3900, AS MODIFIED recommendations. The updated rule Beyond this place of wrath and tears Mr. LEAHY. Mr. President, I want to will give communities the clarity and Looms but the Horror of the shade, speak in support of the Blunt-Murray- And yet the menace of the years Graham-Leahy amendment, which pro- the tools they need to meet their obli- Finds and shall find me unafraid. gations and fulfill this duty that this vides $1.1 billion in emergency funding It matters not how strait the gate, Senate has supported in a bipartisan to combat the Zika virus. How charged with punishments the scroll, The map of the United States beside way for going on five decades now. I am the master of my fate, Some of the questions communities I am the captain of my soul. me beside me shows the Centers for Disease Control’s estimate of the range will ask during these assessments may Mr. BROWN. Madam President, the of the two types of mosquito that may demand that they think in new ways words of ‘‘Invictus’’ have inspired men spread Zika. As you can see, this public about how to create housing opportuni- and women for generations, and the health emergency is not in some far-off ties for all the residents, regardless of spirit is alive in the athletes who rep- race, religion, disability, or the size of land. It could easily end up in the resented their countries in Orlando. backyards of tens of millions of Ameri- their families. These are the types of Three people from my State com- cans. Before I discuss the pending bill I questions this body told the country to peted on the U.S. team. Army CPT want to mention that earlier this after- ask when it enacted the Fair Housing Kelly Elmlinger is a mother, cancer noon I voted for the Nelson-Rubio Zika Act in 1968. survivor, and fierce competitor who supplemental, which would have pro- We need to invest Federal resources grew up in Attica in Seneca County, in ways that provide access to oppor- vided the full $1.9 billion requested by which is in my part of the State. She the President months ago. tunity to all citizens in every ZIP brought home the gold for our country Code. It is mystifying to me that Repub- in the women’s 400-meter dash. licans voted to defeat that amendment, I urge my colleagues to vote no on Team USA included Brian McPher- the Lee amendment. considering that Zika is spreading fast- son, a Marine Corps sergeant from er and in more ways than predicted INVICTUS GAMES Nashport, just east of Columbus. Ser- when the President first requested Madam President, last week athletes geant McPherson has battled a trau- those funds. The excuse we have heard from around the world traveled to Or- matic brain injury sustained while de- for months, particularly from House lando to compete in the second ployed in Iraq when a suicide bomber Republican leaders, is that they don’t Invictus Games. Like all athletes, they walked into his unit. He competed in have enough information about the participate for many reasons—camara- track and field and cycle competitions. proposed uses of the funds. derie, personal discipline, the joy of He said: Have they bothered to attend any of the game. But the Invictus competitors I am a son, brother, uncle, professional, the briefings, or if briefings weren’t are so much more: They are veterans Marine, and athlete who proudly stands be- enough, to pick up the phone and call who fought for our country and our al- fore you after being ravaged by war. I was the head of the CDC, or the Director of lies and were wounded or suffered men- and am changed from these events but they the National Institute of Health, or tal injuries in service to a cause great- lead me to what I now consider a greater path. any of the other experts who have been er than themselves. Those times have taught me much about sounding alarm bells since last year? The games were founded in 2014 by myself, while giving me the additional skills In a little over a year the Zika virus England’s Prince Harry to bring Ac- to leave the Marines and integrate back into has spread from Brazil to almost every tive-Duty servicemembers and vet- society. country and territory in this hemi- erans together to compete in an inter- Competitions like this have been so sphere. There is no question that it is national sporting event and to recog- important to that journey. spreading faster and is more dangerous nize their achievements. These warrior He said: than was anticipated just a few months athletes have already given so much Adaptive sports gave me the strength to be ago. for our country. They have seen the an example for fellow servicemembers, civil- As this map shows, more than half horrors of combat, spent months and ians, and myself. I learned of a passion I the continental United States, includ- years away from their families, and didn’t know existed deep within me. ing my own state of Vermont, is now suffered injuries, both visible and not Sports have given me an outlet and time to projected to be within the range of so visible. They have been changed for- sort through my thoughts and emotions. Zika carrying mosquitos. The virus can ever by the realities of war but, as Lastly, Stephen Miller, a retired have devastating consequences for Invictus shows, they have not been de- Navy officer from Cleveland, competed many of those who become infected, feated. in indoor rowing in Orlando. He said: particularly children. We need to act, The name of the games comes from Training helps to remind me that I am and if there is one area where politi- the poem of the same name by the 19th part of a team and family. I get to share the cians should not second guess the med- century British poet William Ernest experiences, recovery and memories not only ical experts, it is how to respond to Henley. ‘‘Invictus’’ means ‘‘uncon- with US athletes, but also with our allies public health emergencies. and comrades. quered.’’ So what did the House of Representa- On a personal note, ‘‘Invictus’’ was He, Sergeant McPherson, Captain tives do? First, they don’t treat the my father’s favorite poem, which we Elmlinger, and all of the Invictus com- Zika crisis as an emergency, even shared at his funeral. I became even petitors embody William Ernest though it has spread to 36 countries more interested in these games because Henley’s words: and territories in this hemisphere and it means ‘‘unconquered.’’ It matters not how strait the gate, has been declared a public health emer- Madam President, I ask unanimous How charged with punishments the scroll, gency by the World Health Organiza- I am the master of my fate, tion. consent to have printed in the RECORD I am the captain of my soul. the poem ‘‘Invictus’’ by William Ernest The House bill, introduced yesterday, These athletes have mastered fate on Henley. would cut the amount requested by the battlefield, the sports field, and There being no objection, the mate- more than two-thirds, rob from other have overcome more trials than almost rial was ordered to be printed in the programs like the funds to combat any of us could imagine. Their perse- Ebola, and limit the availability of RECORD, as follows: verance serves as a testament to the Zika funds to the remaining 4 months ‘‘INVICTUS’’ power of the human spirit. It isn’t sym- of this fiscal year. More than half a bil- (By William Ernest Henley) pathy or charity that we owe these he- lion dollars in Ebola funds have al- Out of the night that covers me, roes; we owe them gratitude, respect, ready been reprogrammed to combat Black as the pit from pole to pole, and the opportunity to live a life that Zika because it would have been irre- I thank whatever gods may be befits their service and sacrifice for our sponsible for the administration to For my unconquerable soul. great Nation. wait any longer while Congress

VerDate Sep 11 2014 05:45 May 18, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.063 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2863 failed to act as the mosquitoes came ficult circumstances they face every police officers who were killed in the north. But Ebola remains a deadly day in order to make sure our commu- line of duty during my time as Attor- threat. Cases of Ebola continue to be nities are safe in the State of New ney General. One of them, Officer confirmed in West Africa, and we have Hampshire. Bruce McKay, had served the Fran- seen how one Ebola case today can be- Tragically, just last week we had an conia Police Department for 12 years, come a dozen cases tomorrow and a example of the dangers our police offi- and he was brutally murdered in 2007 hundred cases the next day. How quick- cers face every single day when two during a traffic stop. The other police ly people here forget the fear that Manchester police officers were shot in officer was Officer Michael Briggs. In gripped this country after a single the line of duty early Friday morning. fact, on Sunday I am going to the dedi- Ebola-related death in Texas 2 years Early Friday morning, Officer Ryan cation of a community center in Man- ago. The funds we appropriated to com- Hardy encountered a situation on Sec- chester in honor of Officer Michael bat Ebola are being put to good use, in- ond Street, where he noticed the de- Briggs. cluding to strengthen the capacity of scription of someone who had robbed a It is hard to believe it has been 10 African countries to respond to future gas station the night before. As he was years since he was killed in the line of outbreaks of Ebola or something even approaching this individual, Officer duty, but the fact that they are naming worse. Hardy was shot multiple times at close a community center in his honor there The emergency funding in this bill range. The individual fled, and then in the center of Manchester, where he includes $258 million for the Depart- this suspect fired into a group of police helped so many young people and so ment of State and USAID to combat officers, and when he did that, he un- many people in how he served the peo- Zika in Latin America and the Carib- fortunately also shot Officer Matthew ple of Manchester, is a testament to bean. These funds will support efforts O’Connor in the leg. Both of these po- the kind of person he was. to control the spread of Zika and other lice officers acted with great heroism, I got to know the family of Officer insect-borne diseases, including to pro- tenacity, and courage in the work they Michael Briggs very closely, including tect maternal health, expand public do every single day on the streets of his parents Lee and Maryann and his education on prevention, and encour- Manchester. All of the police officers wife Laura and his sons, Brian and age private sector research for the de- who responded that day did a phe- Mitchell. I want them to know today— velopment of vaccines and diagnostics. nomenal job, but that is an example of I know it has been almost 10 years, but These funds will provide contributions what our police officers are facing on a I will never forget—and we will never to international organizations, includ- daily basis. They don’t know whether forget—their sacrifice and certainly ing the World Health Organization and the next stop they make of someone is what Officer Michael Briggs did for the the Pan American Health Organiza- going to go bad. Unfortunately, early State of New Hampshire, his heroism. tion, to reduce the impact of the dis- on Friday morning, it did go bad. In fact, before he served as a Man- ease on infants and their families, and We are so grateful for their service, chester police officer—as I think about accelerate diagnosis. Funds are also in- for the service of Officer Hardy and the coming toward the 10th anniversary of cluded for Department of State and service of Officer O’Connor. We are his death—before he served as a police USAID operations to implement pro- grateful and blessed that despite sig- officer, he served as a marine, serving grams in the field, and provide medical nificant injuries, they are doing OK our country in the line of duty. He support for U.S. citizens, State Depart- and they did not get killed in the line served as a corrections officer also and ment, USAID, and other Federal Gov- of duty. did an incredible job. In fact, he re- ernment employees stationed overseas. I just want to say to them, I want to ceived awards for saving people’s lives, If the Zika virus is not controlled in say to the Manchester Police Depart- running into burning buildings to save Latin America and the Caribbean, a ment, and I want to say to their wives, people in the line of duty. I will never year from now, it will likely be worse Amanda and Elise—because families forget that he saved the life of the indi- than projected and more costly to con- serve too. We worry about our police vidual who murdered him. He had trol. And if we continue to rob Ebola officers, but I know from having served saved his life before. Unfortunately, he funds, which are being used for the pur- as attorney general of New Hampshire was murdered by a career criminal in poses Congress intended, we simply that every time we are home on the line of duty. That is a true example shift the risk from one life-threatening Thanksgiving or we are home on of the heroism of our police officers, disease to another. That makes no Christmas or we are home on some the service and sacrifice they make, as sense at all. other holiday or great occasion, guess well as their families. Unfortunately, If there is one thing on which Repub- what our police officers are out doing. that says it all right there. licans and Democrats, House and Sen- They are out patrolling our streets and So today as I stand on the Senate ate, should agree it is doing whatever our highways, keeping us safe, making floor, I think about my time as attor- is necessary to protect the American sure we can enjoy that moment with ney general, I certainly think about people from dangerous, contagious dis- our families. But their families worry. the families of the police officers who eases. It is past time for us to act, and They worry when they are out: Is my have been killed in the line of duty in I urge all Senators to support the loved one going to come home? New Hampshire and the sacrifices that Blunt-Murray-Graham-Leahy amend- So I say to the families of our law en- every single day our men and women in ment. forcement officers as we stand here uniform make on our behalf. The PRESIDING OFFICER (Mr. during National Police Week: Thank On Friday in New Hampshire there GARDNER). The Senator from New you. Thank you for what you do in al- will be a law enforcement memorial Hampshire. lowing your loved ones to serve and for ceremony. It is a ceremony I plan to NATIONAL POLICE WEEK supporting our law enforcement offi- attend. It is a ceremony where each Ms. AYOTTE. Mr. President, I rise cers because families serve too. year we read the names that are etched today in recognition of National Police We are so grateful for what Officer into the memorial of those law enforce- Week to honor and thank the men and Hardy and Officer O’Connor did on that ment officers who have been killed in women in uniform, law enforcement of- early Friday morning, and we are the line of duty in New Hampshire. ficers in our great State of New Hamp- grateful to all of the officers who re- There have been far too many—far too shire who do a phenomenal job every sponded to that call. I am grateful they many—who have made the ultimate single day keeping us safe. are doing well in their recovery. We sacrifice so the rest of us could live our When I worked as attorney general, I wish them the very best. They con- lives in safety and in happiness. One of was honored to work directly with our tinue to be in my prayers and in my the privileges I had as attorney general law enforcement officers at every level family’s prayers for a speedy recovery. was to read the names of our law en- in our State. We have the very finest All of the police officers in our State forcement officers who were killed in law enforcement officers in the State are in my prayers. the line of duty, to recognize their of New Hampshire. During this week, I When I was attorney general, two of service and their sacrifice, with often want to thank them for every single the most difficult moments I had were many of their family members there— thing they have done under the dif- giving a eulogy at the funerals of two family members who would offer a

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The sacrifices of know you have our backs every single like to read the names of these police their families are tremendous. day, because we would not be a free and officers who were killed in the line of Most recently, I went to two commu- safe society but for the sacrifices our duty in New Hampshire. I know we will nity events to recognize—really memo- law enforcement officers make every recognize them in New Hampshire on rialize—these fallen heroes. The Malo- single day in New Hampshire and in Friday, but I want to recognize them ney family and the Arkell family have every State in this country. They are on the Senate floor. They are, from started foundations to help other po- the thin blue line between us and those Cheshire County, Deputy Sheriff John lice families, to help have scholarships who want to do us harm and threaten Walker, Sr.; from Dover, Officer George in the names of these two decorated of- our way of life. Pray; from Laconia, Police Officer ficers. Unfortunately, those are the So when we hear people who are Charles H. Dolloff; from Strafford two most recent additions to this wall. making sweeping generalizations about County, Deputy Sheriff Charles E. Chief Maloney embodied the values our police that are negative, I want the Smith; from Manchester, Sergeant of service, integrity, and honor. His people of this country to think about Henry McAllister; from Manchester, leadership in the Greenland Police De- what it would be like if we didn’t have Inspector William M. Moher; from Exe- partment will never be forgotten. He the courageous law enforcement offi- ter, Officer Albert L. Colson; from was admired by everyone in the com- cers who patrol our streets every single Nashua, Patrolman James H. Roche; munity. This is another example of the day, who go out on nights and week- from Carroll County, Sheriff Harry M. sacrifice our police officers make. He ends and holidays when we are safely Leavitt; from New Hampshire State was only a few days before his retire- home sleeping, who are out making Police, Raymond Elliott; from Lan- ment. He could have stayed in the sta- sure we are safe. We should stand up caster, Chief Andrew T. Malloy; from tion, but he went out to the call with for our law enforcement officers. New Hampshire State Police, Trooper his fellow officers and, when the situa- This week, of all weeks, as we are Harold B. Johnson; from Colebrook, tion escalated, Chief Maloney did what here for National Police Week, we need Chief Fred T. Towle; from Nashua, Pa- he always did. He put his life before his to honor our law enforcement officers. trolman Michael Latvis; from New We need to thank our men and women Hampshire State Police, Lieutenant fellow officers, and because of his sac- rifices that day, other lives were saved. in uniform who patrol our streets and Ivan H. Hayes; from Northumberland, our highways and in every way protect Unfortunately, we lost Chief Maloney Officer Joseph H. Platt; from Nashua, us, whether as corrections officers or in the line of duty just days before his Patrolman Edward C. Graziano; from Fish and Game officers or as State po- retirement. If that is not a hero, I New Hampshire Fish and Game, Con- lice—at every single level in the State servation Officer William Mooney; don’t know what is and who is. When I think about his family, and of New Hampshire, we say thank you. from New Hampshire Fish and Game, We stand with you. I thank you. I hope Conservation Officer Gary Waterhouse; having gotten to know his family, I know today, as we think about the im- that as we stand here this week, all of from Farmington, Assistant Chief us will make sure that we thank also Louis A. Sheets; from Berlin, Officer portance of this week, I just want to say thank you to them and just let the Capitol Police for the incredible Robert Devoid; from Berlin, Officer work they do here keeping us safe and Dorman Wheelock; from Gorham, Offi- them know they continue to be in our prayers, and we will not forget Chief defending this Capitol. cer Jerome O. Piet; from Rockingham The PRESIDING OFFICER. The Sen- Maloney’s service and his sacrifice and County, Department of Corrections Of- ator from Iowa. ficer Robert Charles Prescott; from his heroism. Mr. GRASSLEY. Mr. President, I am Likewise, just like Chief Maloney, New Hampshire Fish and Game, Con- going to speak about an amendment Officer Stephen Arkell was taken from servation Officer James Clark II; from that I am going to propose right away. Nashua, Acting Chief Armand J. us far too soon. He was an unsung hero. It is about fidelity to the Constitution Roussel; from Seabrook, Chief Charles He went about his extraordinary work and the Bill of Rights—specifically, fi- S. Knowles; from Durham, Lieutenant as a police officer very quietly and delity to the Second Amendment as it Robert Hollis, Jr.; from Berlin, Ser- humbly, going above and beyond the involves the Department of Veterans geant Paul G. Brodeur; from Man- call of duty not only as a police officer Affairs. chester, Officer Ralph W. Miller; from but as a coach in his community, as There appears to be a troubling trend New Hampshire State Police, Trooper someone who has helped so many other within the VA. As of December 2015, al- Richard F. Champy; from people and made a difference in peo- most 99 percent of the names listed on Somersworth, Patrolman Donald R. ple’s lives. During his 15-year career as the ‘‘mental defective’’ category for Kowalski; from Jaffrey, Police Super- a police officer, he made a difference the National Instant Criminal Back- visor William E. O’Neil, Sr.; from Han- for the people of Brentwood. He made ground Check System, otherwise over, Chief James H. Collins; from us proud, and he was another true hero known as the national gun-ban list, are Derry, Sergeant Thomas C. Kelly; from in his community. from the Veterans Administration. New Hampshire State Police, Trooper Today, during National Police Week, Once a person’s name is on that list, Gary P. Parker; from New Hampshire I want to say to his family, who re- they are banned from owning or pos- State Police, Trooper Joseph Edward cently had a 5K in his honor to provide sessing a firearm. Their Second Gearty; from Antrim, Chief of Police scholarships for others in the Brent- Amendment rights are completely null Ralph C. Brooks; from New Hampshire wood community, thank you for your and void. State Police, Sergeant James sacrifice. We will never forget the sac- Now, why is this happening? Once the Stanwood Noyes; from East Kingston, rifice of Officer Stephen Arkell. VA determines that a veteran requires Officer Melvin Alan Keddy; from Au- During National Police Week, as I a fiduciary to administer benefit pay- burn, Lieutenant Donald Eaton; from stand on the Senate floor, one of the ments, the VA reports that veteran to New Hampshire State Police, Trooper things that has bothered me is, too the gun-ban list, resulting in a total Leslie George Lord; from New Hamp- often the rhetoric we have been hear- denial of a veteran’s right to possess shire State Police, Trooper Scott Ed- ing about our police and our law en- and own firearms. In other words, their ward Phillips; from Epsom, Patrolman forcement officers out in the public Second Amendment rights are being Jeremy T. Charron; from Manchester, discussion has been negative. It has denied. Officer Michael Leland Briggs; from been negative. It has been sweeping. It The VA has attempted to justify its Franconia, Corporal N. Bruce McKay; has been basically stereotyping our po- actions by relying on regulations that from Greenland, Chief of Police Mi- lice, and it has been wrong. So, today, grant limited authority to determine chael P. Maloney; and from Brentwood, during this important week, I want to incompetence only in the context of fi- Patrolman Stephen Arkell. say to our law enforcement officers in nancial affairs. So I quote: ‘‘Rating

VerDate Sep 11 2014 03:58 May 18, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.068 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2865 agencies have sole authority to make ling justification to do so. Assigning a Second, it shifts the burden of proof official determinations of competency fiduciary is not a compelling justifica- from the veteran and onto the govern- and incompetency for the purpose of tion. That is especially so when the VA ment, where it ought to be. Third, it insurance and disbursement of bene- does not even determine whether vet- fixes the conditional due process issues fits.’’ erans are a danger to themselves or by moving the hearing from the VA to It is clear, therefore, that the VA’s others before reporting the names to the judicial system. core regulatory authority applies to that gun-ban list. Like I said, these are commonsense matters of competency for financial Further, the VA fails to offer ade- constitutional fixes, but, more impor- purposes. Importantly, this financial quate constitutional due process pro- tantly, it is what our Nation’s veterans fiduciary standard has been employed tections. The standard of review—clear deserve. Our veteran population is sa- since way back in the 1970s. It has and convincing evidence—is particu- cred. They deserve the thanks of a nothing to do with regulating firearms. larly low in light of the fact that a con- grateful Nation, not the iron fist of an Yet that is exactly what is happening. stitutional right is involved. Hearsay is out-of-control Federal Government. Firearms are being regulated. Federal allowed in the hearing process, and the Most importantly, the government law requires that before a person is re- burden of proof is on the veteran to must not unfairly target our veteran ported to a gun-ban list, they be deter- show that they are competent to man- population simply because some may mined a ‘‘mental defective.’’ age their finances. In essence, it is the have challenges after returning home The Bureau of Alcohol, Tobacco, veteran who has the burden of proof of from war, like maybe having someone Firearms and Explosives created a reg- showing that they should maintain handle their finances. The fact that al- ulation to define what ‘‘mental defec- their Second Amendment rights, al- most 99 percent of the names in the tive’’ means. It includes, among other though, again, that is not even the pur- gun-ban list of the category that we requirements, that a person is a danger pose of the hearing. That cannot stand. call ‘‘mental defective’’ are from the to self or others. Granted, the VA regu- When constitutional issues are at VA raises suspicion that our govern- lation at issue and the ATF regulation stake, the burden ought to be on the ment is unfairly targeting veterans. do share some of the same language. government. That is why the American Legion But the intent and the purpose are to- Finally, the hearing that does take and the Veterans of Foreign Wars have tally different. On the one hand, the place is before VA employees, not a expressed strong support for my VA regulation is designed to appoint a neutral arbiter. With these significant amendment. There is nothing more of- fiduciary. On the other hand, the ATF flaws, it is clear that the VA regu- fensive to the principles of liberty than regulation is designed to regulate fire- latory scheme is inherently suspect. when the government takes away a arms. Importantly, these VA regulations person’s constitutional rights when it Now, this is a huge distinction. The have been in place since the 1970s, well has no right to take away those con- level of mental impairment that justi- before even the existence of a gun-ban stitutional rights. Moreover, I have fies taking away the right to possess list. The Supreme Court held the Sec- heard from Iowa veterans that some and own firearms must rest at a severe ond Amendment to be a fundamental veterans are even reluctant to seek and substantial level—a level where right in 2010. Associate Justice Alito, care from the VA for fear of losing the mere possession of a firearm con- who wrote the opinion of the Court, their Second Amendment rights. stitutes a danger to self or others. That stated: ‘‘It is clear that the Framers It is outrageous, then, that veterans decision is never made by the VA, or . . . counted the right to keep and bear are afraid to seek the care they have the Veterans Administration, before arms among those fundamental rights actually earned by being in service to submitting names to the gun-ban list. necessary to our system of ordered lib- their country because the VA might As such, imposing a gun ban is a erty.’’ deprive them of a constitutionally pro- harsh result that could sweep up vet- It cannot be said that the VA’s regu- tected right without due process. This erans that are fully capable of appro- latory scheme adequately protects the must stop. priately operating a firearm for self-de- liberty interests of the veteran—quite I urge my colleagues to support this fense purposes. So how does this work, the contrary. The VA regulatory legislation. Support it on constitu- then, in practice? The Daily Caller scheme is an example of the Federal tional grounds, support it on fairness interviewed a veteran who had been a Government once again going too far. grounds, and support it for the sake of victim of this VA process for an April As government expands, liberty con- veterans who may be wrongly targeted. 21, 2015, article. tracts. There are just too many flaws To all of our Nation’s veterans, I say: The veteran reportedly told a VA in the VA’s regulatory scheme that re- God bless you, and thank you for your counselor, who asked about how he sult in a failure at ensuring constitu- service to our great country. You de- handles his finances, that on the mere tional demands are met. serve better than to have your rights suggestion of his wife, he now uses There has been no update to the VA’s violated by the very agency that is auto debit for bills so he doesn’t have protocols since the Supreme Court’s supposed to fulfill our Nation’s com- to go to the post office. The VA doctor decision in 2010. During the course of mitment to you. put down that he doesn’t pay his own my oversight of this issue, not even the I urge my colleagues to join me in bills, and his wife handles his finances. Department of Justice can adequately making this very bad situation right— The next thing he knew was that his explain why there has been no sub- constitutionally right. wife was appointed as his fiduciary and stantive update to the gun-reporting Mr. President, I ask unanimous con- his name was placed on the gun-ban system. That is why I have introduced sent to have printed in the RECORD a list. this amendment. May 16, 2016, letter from the VFW sup- Whether or not he handles his own fi- My amendment is simple. It is porting this approach. nances, what does that have to do with straightforward. It makes perfect con- I repeat for my colleagues that the talking away a veteran’s right to self- stitutional sense. It simply requires American Legion supports it, but they defense? After all, this is the core pur- that before the VA reports names to couldn’t get a letter to us. pose of the Second Amendment—self- the Department of Justice for eventual There being no objection, the mate- defense. Self-defense is a natural right placement on the gun-ban list, the Vet- rial was ordered to be printed in the of all individuals. It is a God-given erans Administration must first find RECORD, as follows: right. It is a right that existed before that a veteran is a danger to himself, VETERANS OF FOREIGN WARS the Declaration of Independence and herself, or others, and that finding OF THE UNITED STATES, the Constitution were ever drafted. It must be done via judicial order. Washington, DC, May 16, 2016. is a sacred right. These requirements do three impor- Hon. CHARLES E. GRASSLEY, The Supreme Court has held the Sec- tant things: First, it makes the ‘‘dan- U.S. Senate, Washington, DC. ond Amendment to be a fundamental ger to self or others’’ standard applica- DEAR SENATOR GRASSLEY: On behalf of the right. So, when the Federal Govern- ble to the VA. We all agree, don’t we, nearly 1.7 million members of the Veterans ment erases that right for any given that dangerous persons must not own of Foreign Wars of the United States (VFW) individual, it better then have compel- or possess firearms. and our Auxiliaries, I write in support of

VerDate Sep 11 2014 05:45 May 18, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.069 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2866 CONGRESSIONAL RECORD — SENATE May 17, 2016 your amendment to H.R. 2577, which would Here is the difficulty. This amend- has set up a relief program for a vet- protect veterans’ rights under the Second ment as written doesn’t solve the prob- eran to contest a finding of mental Amendment of the United States Constitu- lem; it creates a bigger problem. competency. If we need to revisit that tion. I will concede at the outset to the process—and as I said at the outset, I Currently, when the Department of Vet- Senator from Iowa that we should be erans Affairs (VA) makes the determination am not arguing that we shouldn’t—we that a veteran would benefit from the assist- sitting down and resolving a very seri- need to do it in the context of sub- ance of a fiduciary to handle his or her fi- ous issue between the definition of stantive legislation so that we treat nances, VA sends that veteran’s name to the ‘‘mental defect’’ and ‘‘mental com- the veterans fairly, treat their families National Instant Check System, preventing petency’’ between the NICS law and fairly, and treat the public fairly in them from legally purchasing firearms. The the VA. There is plenty of room for us dealing with this constitutional protec- VFW has long opposed this practice, believ- to sit down and come up with a reason- tion. But simply invalidating the men- ing that veterans who swore to support and able way to deal with the situation. tal health records of 170,000 people the defend the United States Constitution should But the amendment offered by the Sen- not lose their rights under the Second VA has supplied to the FBI, as this Amendment simply because they need fidu- ator from Iowa just basically says, un- amendment would do, is dangerous— ciary assistance. The need for a fiduciary in fortunately, that we are going to weak- dangerous to the veterans, dangerous no way implies that they are a danger to en the law that prohibits people with to their families, and dangerous to the themselves or others. By ensuring that no serious mental illnesses from buying public. veteran loses his or her right to purchase guns. Let’s do this in a thoughtful, orderly firearms without order or finding of a judge, Currently, the Department of Vet- way, not by an appropriations bill. magistrate, or other judicial authority of erans Affairs informs the FBI NICS gun I do object. competent jurisdiction, your amendment background check database when a vet- The PRESIDING OFFICER. Objec- would put an end to this objectionable VA practice. eran has been found in a VA proceeding tion is heard. The VFW thanks you for your leadership to be mentally incompetent because of The Senator from Iowa. on this issue, and your commitment to pro- injury or disease. I want to make sure Mr. GRASSLEY. Mr. President, first, tecting veterans’ constitutional rights and that is clear in the RECORD. This is we are not talking about convicted fel- liberties. We look forward to working with what it says. In connection with an ons here, like the first thing the Sen- you and your staff to pass this much needed award of veterans’ benefits, the VA for- ator from Illinois started to say. What amendment. mally may determine as ‘‘mentally in- we are trying to do is protect the con- Sincerely, competent’’ a person who ‘‘because of stitutional rights of veterans, Second RAYMOND C. KELLEY, Amendment rights, and we are pre- Director, VFW National Legislative Service. injury or disease lacks the mental ca- pacity to contract or to manage his or venting the government from spending Mr. GRASSLEY. Mr. President, I ask her own affairs, including disbursement money to violate the constitutional unanimous consent to set aside the of funds without limitation.’’ This is rights. pending amendment and call up an adjudication, a hearing on mental As I just made clear, the main pur- amendment No. 3925. competency which goes to the question pose of the VA regulation is to appoint The PRESIDING OFFICER. Is there of whether the veteran is mentally in- a fiduciary, not to regulate firearms, objection? competent because of injury or disease. but it has the effect of regulating fire- The Senator from Illinois. Under the amendment offered by the arms. This standard has been in place Mr. DURBIN. Reserving the right to Senator from Iowa, VA mental health since the 1970s. It has nothing to do object. determinations would no longer count with regulating firearms. The PRESIDING OFFICER. The Sen- as prohibiting gun possession. Tens of Don’t you think that since the Su- ator from Illinois. thousands of names currently in the preme Court held the Second Amend- Mr. DURBIN. Mr. President, I lis- NICS system would likely need to be ment to be a fundamental right in 2010, tened carefully to the explanation of purged, meaning these people could go there ought to be an update of this sys- my friend and colleague from Iowa. I out and buy guns. Last year the VA tem? hope there are several things we can told my staff they had supplied 174,000 Indeed, Federal law made clear that agree on at the outset. The first is that names to the NICS database because of the regulations prescribed by the VA we don’t want someone who is a con- diagnosed mental conditions. Secretary are limited to ‘‘the nature victed felon or is so mentally unstable I do not dispute what the Senator and extent of proof and evidence and that they cannot be trusted to own or from Iowa suggested—that some of the method of taking and furnishing purchase a firearm. I hope we can agree these veterans may be suffering from a them in order to establish the right to on that. mental illness not serious enough to benefits under such laws,’’ 38 USC 501. Mr. GRASSLEY. I agree. disqualify them from owning a firearm, Again, that provides no authority to Mr. DURBIN. Good. but certainly many of them do. regulate firearms, but it has that im- I hope the next thing we can agree on Last year the VA told us that this pact. is that we want to make certain that list of 174,000 names includes 10,168 in- Just like the Senator from Illinois, I our veterans are treated fairly, that dividuals diagnosed with paranoid don’t want dangerous persons to have they are given every consideration for schizophrenia, 3,981 individuals with firearms, but the government must having served our country, but we do major depressive disorder, 2,835 individ- first prove a person is a danger before not want to put them in harm’s way ei- uals with bipolar disorder, and many taking away their constitutional ther by way of suicide or by commit- others who have been found to have rights. ting a crime with a gun, and we want very serious mental illnesses. I am somewhat disappointed that to have a process that respects that Allowing people with these serious Members on the other side of the aisle goal. I hope my colleague and friend mental illnesses to buy guns raises the would object to even considering an from Iowa would agree with that. very serious risk of suicide and vio- amendment that simply protects vet- The problem we have is the Senator lence. Already we are seeing an average erans from having a fundamental, con- from Iowa is amending an appropria- of 22 suicides by veterans every single stitutional right taken away and doing tions bill. The difficulty you face when day. That is double that of the civilian it without due process. you amend appropriations bills, in population. To hand guns over to peo- When we were in the minority, we most instances, if you are not author- ple such as the 14 or 15,000 whom I have were accused of being obstructionist izing and strictly sticking within the just described who have serious mental because we wouldn’t go along with the four corners of an appropriations bill, illness is dangerous—dangerous to then-majority leader’s efforts to block you can cut off funds—no funds shall be them, members of their family, and to Senators of both parties from offering spent for—and that is what the amend- the public. amendments. Now that we are in a ma- ment of the Senator from Iowa does. The VA’s referral process is not hap- jority, Senator MCCONNELL has tried to No funds shall be spent at the Vet- hazard. There are due process safe- restore the tradition of having amend- erans’ Administration for—and he just guards to make sure the VA is not re- ments considered from both sides of described the process. ferring names inappropriately. The VA the aisle. Yet we have these old

VerDate Sep 11 2014 05:45 May 18, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.044 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2867 tricks—still refusing to vote on amend- The senior assistant legislative clerk field, an Assistant Secretary of State ments that show the American people read as follows: (African Affairs), to be a Member of the whose side they are on. CLOTURE MOTION Board of Directors of the African De- I think this is an opportunity to We, the undersigned Senators, in accord- velopment Foundation for a term ex- show you are on the side of the vet- ance with the provisions of rule XXII of the piring September 27, 2021; John W. Les- erans—veterans who probably handled Standing Rules of the Senate, do hereby lie, Jr., of Connecticut, to be a Member guns in Iraq and Afghanistan not being move to bring to a close debate on Senate of the Board of Directors of the African able to do that here. Amendment No. 3896 to Calendar No. 138, Development Foundation for a term ex- I don’t understand what is so tough H.R. 2577, an act making appropriations for piring September 22, 2019; Linda I. about voting on whether veterans’ con- the Departments of Transportation, and Etim, of Wisconsin, to be a Member of stitutional rights should be protected. Housing and Urban Development, and related the Board of Directors of the African It should be clear to anyone paying at- agencies for the fiscal year ending Sep- tember 30, 2016, and for other purposes. Development Foundation for a term ex- tention who is obstructing. They tried Mitch McConnell, Susan M. Collins, Roy piring September 22, 2021; Georgette to destroy the Senate as a deliberative Blunt, John Cornyn, Richard Burr, Bill Mosbacher, of New York, to be a Mem- body when they were in the majority. Cassidy, Roger F. Wicker, Johnny Isak- ber of the United States Advisory Com- Now they are obstructing a vote on son, Marco Rubio, Mark Kirk, Lindsey mission on Public Diplomacy for a protecting the fundamental constitu- Graham, Chuck Grassley, Jerry Moran, term expiring July 1, 2018; Todd A. tional rights of those who have put Orrin G. Hatch, John Hoeven, John Fisher, of New York, to be a Member of their lives on the line for our country. Barrasso, John Boozman. the Board of Directors of the Overseas Shame on you. CLOTURE MOTION Private Investment Corporation for a I yield the floor. Mr. MCCONNELL. Mr. President, I term expiring December 17, 2016; Deven The PRESIDING OFFICER. The Sen- send a cloture motion to the desk for J. Parekh, of New York, to be a Mem- ator from Illinois. the underlying bill, H.R. 2577. ber of the Board of Directors of the Mr. DURBIN. Mr. President, before The PRESIDING OFFICER. The clo- Overseas Private Investment Corpora- my friend and colleague leaves, we ture motion having been presented tion for a term expiring December 17, have worked together for years, and I under rule XXII, the Chair directs the 2016; Robert Annan Riley III, of Flor- respect very much his legislative capa- clerk to read the motion. ida, a Career Member of the Senior bility. He and I are working together The senior assistant legislative clerk Foreign Service, Class of Minister- on some very important legislation. read as follows: Counselor, to be Ambassador Extraor- I am not a member of the Veterans’ dinary and Plenipotentiary of the Affairs Committee. I don’t know if the CLOTURE MOTION United States of America to the Fed- Senator from Iowa is a member—he is We, the undersigned Senators, in accord- erated States of Micronesia; Karen not. This is a subject matter that is in ance with the provisions of rule XXII of the Brevard Stewart, of Florida, a Career the jurisdiction of that committee. Standing Rules of the Senate, do hereby Let me just concede at the outset move to bring to a close debate on Calendar Member of the Senior Foreign Service, No. 138, H.R. 2577, an act making appropria- that reporting 174,000 names to the FBI Class of Minister-Counselor, to be Am- tions for the Departments of Transportation, bassador Extraordinary and Pleni- goes too far, but eliminating 174,000 and Housing and Urban Development, and re- names goes too far. We need to find a potentiary of the United States of lated agencies for the fiscal year ending Sep- America to the Republic of the Mar- reasonable way to identify those suf- tember 30, 2016, and for other purposes. fering from serious mental illness who Mitch McConnell, Susan M. Collins, Roy shall Islands; Matthew John Matthews, would endanger themselves, their fami- Blunt, John Cornyn, Richard Burr, Bill of Oregon, a Career Member of the Sen- lies, or others and to sort out those Cassidy, Roger F. Wicker, Johnny Isak- ior Foreign Service, Class of Minister- who don’t fit in that category. We can son, Marco Rubio, Mark Kirk, Lindsey Counselor, for the rank of Ambassador Graham, Jerry Moran, Chuck Grassley, do that and we should do that in a rea- during his tenure of service as United Orrin G. Hatch, John Hoeven, John States Senior Official for the Asia-Pa- sonable way, so we are respectful of Barrasso, John Boozman. veterans and also respectful of the gen- cific Economic Cooperation (APEC) Mr. MCCONNELL. Mr. President, I eral public’s right to be safe from the Forum; Marcela Escobari, of Massachu- ask unanimous consent that the man- misuse of firearms. setts, to be an Assistant Administrator The PRESIDING OFFICER. The Sen- datory quorum calls with respect to of the United States Agency for Inter- ator from Iowa. the cloture motions be waived. national Development; Swati A. Mr. GRASSLEY. Mr. President, I The PRESIDING OFFICER. Without Dandekar, of Iowa, to be United States would just say a simple thing. I have objection, it is so ordered. Director of the Asian Development already said we don’t want dangerous f Bank, with the rank of Ambassador; people to have guns. But the point is Adam H. Sterling, of Virginia, a Career EXECUTIVE SESSION that the VA is not identifying the peo- Member of the Senior Foreign Service, ple who might be a danger to them- Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of selves or a danger to society. As the EXECUTIVE CALENDAR Senator from Illinois says, they are the United States of America to the simply doing it because ‘‘You can’t Mr. MCCONNELL. Mr. President, I Slovak Republic; Kelly Keiderling- handle your own finances.’’ That is ask unanimous consent that the Sen- Franz, of Virginia, a Career Member of where their constitutional rights are ate proceed to executive session to con- the Senior Foreign Service, Class of being denied. Their constitutional sider the following nominations en Minister-Counselor, to be Ambassador rights are being denied by a VA em- bloc: Calendar Nos. 444 through 447, 467, Extraordinary and Plenipotentiary of ployee—maybe somebody who doesn’t 217, 218, 479, 480, 482, 484, 553, 554 the United States of America to the know anything about mental health— through 558, with no other executive Oriental Republic of Uruguay; Stephen and that is wrong. That is what we are business in order. Michael Schwartz, of Maryland, a Ca- trying to prevent. The PRESIDING OFFICER. Is there reer Member of the Senior Foreign I yield the floor. objection? Service, Class of Counselor, to be Am- The PRESIDING OFFICER (Mr. Without objection, it is so ordered. bassador Extraordinary and Pleni- DAINES). The majority leader. The clerk will report the nomina- potentiary of the United States of CLOTURE MOTION tions en bloc. America to the Federal Republic of So- Mr. MCCONNELL. Mr. President, I The senior assistant legislative clerk malia; Christine Ann Elder, of Ken- send a cloture motion to the desk for read the nominations of Linda Thomas- tucky, a Career Member of the Senior the Collins substitute amendment No. Greenfield, an Assistant Secretary of Foreign Service, Class of Counselor, to 3896. State (African Affairs), to be a Member be Ambassador Extraordinary and The PRESIDING OFFICER. The clo- of the Board of Directors of the African Plenipotentiary of the United States of ture motion having been presented Development Foundation for the re- America to the Republic of Liberia; under rule XXII, the Chair directs the mainder of the term expiring Sep- and Elizabeth Holzhall Richard, of Vir- clerk to read the motion. tember 27, 2015; Linda Thomas-Green- ginia, a Career Member of the Senior

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(Purpose: To authorize the use of funds to both, under a program of the Department, Thereupon, the Senate proceeded to carry out a matching program with the De- which shall include— consider the nominations. partment of Education to identify veterans (1) the percentage of all inspected prop- Mr. MCCONNELL. Mr. President, I who are unemployable due to a service- erties that received a REAC-inspected score know of no further debate on the nomi- connected disability and who are also bor- of less than 65 within the last 48 months; nations and ask unanimous consent rowers of Federal student loans in order to (2) the number of properties in which the streamline and expedite the process most recent REAC-inspected score rep- that the Senate vote on the nomina- through which such veterans may dis- tions en bloc. resented a decline relative to the previous charge their Federal student loans) REAC score; The PRESIDING OFFICER. Is there On page 223, line 9, after ‘‘interoper- (3) a list of the 10 metropolitan statistical objection? ability:’’ insert the following: ‘‘Provided fur- areas with the lowest average REAC-in- Without objection, it is so ordered. ther, That, notwithstanding any other provi- spected scores for all inspected properties; The question is, Will the Senate ad- sion of law, $300,000 shall be available to and vise and consent to the Thomas-Green- carry out a matching program with the De- (4) a list of the 10 States with the lowest field, Leslie, Etim, Mosbacher, Fisher, partment of Education to identify veterans average REAC-inspected scores for all in- Parekh, Riley, Stewart, Matthews, who are unemployable due to a service-con- spected properties. Escobari, Dandekar, Sterling, nected disability and who are also borrowers (b) The Comptroller General of the United of Federal student loans in order to stream- Keiderling-Franz, Schwartz, Elder, and States shall prepare a report, and post the line and expedite the process through which report on the public website of the Govern- Richard nominations en bloc? such veterans may discharge their Federal ment Accountability Office, regarding areas The nominations were confirmed en student loans.’’. in which REAC inspections of all properties bloc. assisted, insured, or both, under a program AMENDENT NO. 3918 Mr. MCCONNELL. Mr. President, I of the Department should be reformed and ask unanimous consent that the mo- (Purpose: To shorten the time given to a improved. property owner to respond to a violation of tions to reconsider be considered made a contract and the time given to the Sec- AMENDMENT NO. 3961 and laid upon the table en bloc, the retary to develop a Compliance, Disposi- (Purpose: To allow airports to use airport President be immediately notified of tion, and Enforcement Plan) improvement program funds to repair dam- the Senate’s action, and the Senate On page 152, strike lines 1 through 13 and age to runway safety areas caused by nat- then resume legislative session. insert the following: ural disasters) The PRESIDING OFFICER. Without (1) The Secretary shall notify the owner At the appropriate place in division A, in- objection, it is so ordered. and provide an opportunity for response sert the following: within 15 days of UPCS inspection results. If f SEC. lll. (a) Subchapter I of chapter 471, the violations remain, the Secretary shall as amended by this subtitle, is further LEGISLATIVE SESSION develop a Compliance, Disposition and En- amended by adding at the end the following: forcement Plan within 30 days of the UPCS The PRESIDING OFFICER. The Sen- inspection results and must provide the ‘‘§ 47144. Use of funds for repairs for runway ate will now resume legislative session. owner with a Notice of Default with a speci- safety repairs fied timetable, determined by the Secretary, f ‘‘(a) IN GENERAL.—The Secretary of Trans- for correcting all deficiencies. The Secretary portation may make project grants under TRANSPORTATION, HOUSING AND must also provide a copy of the Notice of De- this subchapter to an airport described in URBAN DEVELOPMENT, AND RE- fault to the tenants, the local government, subsection (b) from funds under section 47114 any mortgagees, and any contract adminis- apportioned to that airport or funds avail- LATED AGENCIES APPROPRIA- trator. If the owner’s appeal results in a TIONS ACT, 2016—Continued able for discretionary grants to that airport UPCS score of 60 or above, the Secretary under section 47115 to conduct airport devel- The PRESIDING OFFICER. The Sen- may withdraw the Notice of Default. opment to repair the runway safety area of ator from Maine. AMENDMENT NO. 3905 the airport damaged as a result of a natural disaster in order to maintain compliance AMENDMENTS NOS. 3934, 3918, 3905, 3926, 3961, AND (Purpose: To prohibit funds from being used with the regulations of the Federal Aviation 3941 TO AMENDMENT NO. 3896 to provide housing assistance benefits to Administration relating to runway safety Ms. COLLINS. Mr. President, I am individuals convicted of certain criminal offenses) areas, without regard to whether construc- pleased to report that due to a lot of tion of the runway safety area damaged was At the appropriate place in division A, in- hard work on both sides of the aisle by carried out using amounts the airport re- sert the following: Senators and their staffs, the leaders, ceived under this subchapter. SEC. ll. None of the funds made available and particularly my colleague Senator under this Act shall be used to provide hous- ‘‘(b) AIRPORTS DESCRIBED.—An airport is REED of Rhode Island, we have another ing assistance benefits for an individual who described in this subsection if— group of amendments we are able to is convicted of— ‘‘(1) the airport is a public-use airport; clear tonight. (1) aggravated sexual abuse under section ‘‘(2) the airport is listed in the National I therefore ask unanimous consent 2241 of title 18, United States Code; Plan of Integrated Airport Systems of the Federal Aviation Administration; that the following amendments be (2) murder under section 1111 of title 18, United States Code; or ‘‘(3) the runway safety area of the airport called up en bloc and reported by num- was damaged as a result of a natural dis- ber: amendment No. 3934, offered by (3) any other Federal or State offense in- volving— aster; Senator KING; amendment No. 3918, of- (A) severe forms of trafficking in persons ‘‘(4) the airport was denied funding under fered by Senator RUBIO; amendment or sex trafficking, as those terms are defined the Robert T. Stafford Disaster Relief and No. 3905, offered by Senator HELLER; in paragraphs (9) and (10), respectively, of Emergency Assistance Act (42 U.S.C. 4121 et amendment No. 3926, offered by Sen- section 103 of the Trafficking Victims Pro- seq.) with respect to the disaster; ‘‘(5) the operator of the airport has ex- ator RUBIO; amendment No. 3961, of- tection Act of 2000 (22 U.S.C. 7102); or hausted all legal remedies, including legal fered by Senator MANCHIN; and amend- (B) child pornography, as defined in section 2256 of title 18, United States Code. action against any parties (or insurers there- ment No. 3941, offered by Senator of) whose action or inaction may have con- BOOKER. AMENDMENT NO. 3926 tributed to the need for the repair of the run- The PRESIDING OFFICER. Is there (Purpose: To determine the effectiveness of way safety area; objection? Real Estate Assessment Center physical ‘‘(6) there is still a demonstrated need for Without objection, it is so ordered. inspections) the runway safety area to accommodate cur- The clerk will report the amend- At the appropriate place in division A, in- rent or imminent aeronautical demand; and ments en bloc by number. sert the following: ‘‘(7) the cost of repairing or replacing the SEC. ll. (a) Not later than 90 days after runway safety area is reasonable in relation The senior assistant legislative clerk the date of enactment of this Act, the Sec- to the anticipated operational benefit of re- read as follows: retary of Housing and Urban Development pairing the runway safety area, as deter- The Senator from Maine [Ms. COLLINS], for shall prepare a report, and post the report on mined by the Administrator of the Federal others, proposes amendments numbered 3934, the public website of the Department of Aviation Administration.’’.

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(b) The analysis for chapter 471, as amend- (2) evaluated the posture, force structure, AMENDMENT NO. 3971 ed by this subtitle, is further amended by in- and military construction options for meet- (Purpose: To authorize the Secretary of Vet- serting after the item relating to section ing projected force requirements; erans Affairs to provide monthly assist- 47143 the following: (3) evaluated the long-term costs associ- ance allowance to disabled veterans train- ‘‘47144. Use of funds for repairs for runway ated with the posture, force structure, and ing to compete on the United States Olym- safety repairs.’’. military construction requirements; and pic Team) (4) developed a Future Years Defense Pro- AMENDMENT NO. 3941 At the end of title II of division B, add the gram for force structure costs associated (Purpose: To slightly modify the scope of following: projects eligible for railroad safety grants) with the European Reassurance Initiative. (c) The report shall also include any other SEC. 251. MONTHLY ASSISTANCE ALLOWANCE On page 50 of division A, strike line 7 and FOR DISABLED VETERANS COM- matters related to security threats in Eu- all that follows through ‘‘Code:’’ on line 10, PETING ON OLYMPIC TEAMS. rope that the Comptroller General deter- and insert the following: ‘‘up to $25,000,000 Section 322(d)(1) of title 38, United States mines are appropriate, and recommendations shall be available to carry out section Code, is amended— as warranted for improvements to the De- 24407(c)(1) of title 49, United States Code; and (1) by striking ‘‘allowance to a veteran’’ partment’s planning and analysis method- not less than $25,000,000 shall be available to and inserting the following: ‘‘allowance to— ology. carry out paragraphs (2), (5), (6), (7) and (10) ‘‘(A) a veteran’’; of section 24407(c) of such title:’’. AMENDMENT NO. 3938 (2) in subparagraph (A), as designated by Ms. COLLINS. Mr. President, I ask (Purpose: To make a technical correction to paragraph (1), by striking the period at the unanimous consent that the Senate section 132 of title I of division J of Public end and inserting ‘‘; and’’; and Law 114–113) (3) by adding at the end the following new now vote on these amendments en bloc. subparagraph: At the appropriate place in title I of divi- The PRESIDING OFFICER. Is there ‘‘(B) a veteran with a service-connected sion B, insert the following: objection? disability rated as 30 percent or greater by Without objection, it is so ordered. SEC. ll. (a) Of the amounts appropriated the Department who is selected by the Ms. COLLINS. Mr. President, I know by section 132 of the Military Construction, United States Olympic Committee for the of no further debate on these amend- Veterans Affairs, and Related Agencies Ap- United States Olympic Team for any month ments. propriations Act, 2016 (division J of Public in which the veteran is competing in any Law 114–13; 129 Stat. 2683), $30,000,000 is here- event sanctioned by the National Governing The PRESIDING OFFICER. Is there by rescinded. further debate? Bodies of the United States Olympic (b) Notwithstanding section 123 of this Sports.’’. If not, the question occurs on agree- title, for an additional amount for fiscal year ing to the amendments en bloc. 2016 for ‘‘Military Construction, Army’’ in Mr. KIRK. Mr. President, I ask unan- The amendments (Nos. 3934, 3918, this title, $30,000,000, to remain available imous consent that the Senate now 3905, 3926, 3961, and 3941) were agreed to until September 30, 2021, is provided for ad- vote on these amendments en bloc. en bloc. vances to the Federal Highway Administra- The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- tion, Department of Transportation, for con- objection? ator from Illinois. struction of access roads as authorized by Without objection, it is so ordered. section 210 of title 23, United States Code. AMENDMENTS NOS. 3914, 3938, 3948, 3954, AND 3971 Mr. KIRK. I know of no further de- (c) This section shall become effective im- TO AMENDMENT NO. 3896 bate on these amendments. mediately upon enactment of this Act. Mr. KIRK. Mr. President, I ask unan- The PRESIDING OFFICER. Is there imous consent that the following AMENDMENT NO. 3948 further debate? amendments be called up en bloc and (Purpose: To modify the contents of the If not, the question occurs on agree- reported by number: No. 3914, by Sen- quarterly report on disability compensa- ing to the amendments en bloc. tion claims) ator TESTER; No. 3938, by me; No. 3948, The amendments (Nos. 3914, 3938, by Senator HELLER; No. 3954, by Sen- On page 245, lines 23 through 24, strike 3948, 3954, and 3971) were agreed to en ator HEITKAMP; and No. 3971, by Sen- ‘‘and (7) the number and results of Quality bloc. Review Team audits’’ and insert ‘‘(7) the ator BENNET. number and results of Quality Review Team The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there audits; (8) the number of claims completed ator from Maine. objection? by each Regional Office based on the Re- f Without objection, it is so ordered. gional Office being the station of jurisdic- The clerk will report the amend- tion; and (9) the number of claims completed MORNING BUSINESS ments by number. by each Regional Office based on the Re- Ms. COLLINS. Mr. President, I ask The senior assistant legislative clerk gional Office being the station of origin’’. unanimous consent that the Senate be read as follows: AMENDMENT NO. 3954 in a period of morning business, with The Senator from Illinois [Mr. KIRK], for (Purpose: To require coordination within the Senators permitted to speak therein himself and others, proposes amendments Department of Veterans Affairs to meet for up to 10 minutes each. numbered 3914, 3938, 3948, 3954, and 3971 en the readjustment and psychological coun- bloc to amendment No. 3896. The PRESIDING OFFICER. Without seling needs of veterans in rural and highly objection, it is so ordered. The amendments are as follows: rural communities) AMENDMENT NO. 3914 At the end of title II of division B, add the f (Purpose: To require the Comptroller Gen- following: 62ND ANNIVERSARY OF BROWN V. eral of the United States to submit to Con- SEC. 251. (a) The Secretary of Veterans Af- BOARD OF EDUCATION gress a report evaluating force structure fairs shall ensure that the Readjustment and military construction requirements in Counseling Service of the Department of Mr. DURBIN. Mr. President, 62 years Europe) Veterans Affairs coordinates directly with ago today, the Supreme Court issued At the appropriate place in title I of divi- the Office of Rural Health of the Department its decision in Brown v. Board of Edu- sion B, insert the following: on efforts to expand the capacity of Vet Cen- cation, which struck down laws permit- SEC. ll. (a) Not later than one year after ters (as defined in section 1712A(h) of title 38, ting racially segregated schools in 17 the date of the enactment of this Act, the United States Code) in order to ensure that States and the District of Columbia. the readjustment and psychological coun- Comptroller General of the United States The Court overturned Plessy v. Fer- shall submit to the congressional defense seling needs of veterans in rural and highly committees a report evaluating the extent to rural communities are met. guson, the notorious 1896 decision that which the Department of Defense has devel- (b) Not later than one year after the date found racially segregated schools could oped a comprehensive force structure plan, of the enactment of this Act, the Secretary be, ‘‘separate but equal.’’ The Court including military construction require- shall submit to the Committee on Appropria- unanimously held that laws requiring ments, to meet emerging security threats in tions of the Senate and the Committee on racial segregation in schools violate Europe. Appropriations of the House of Representa- the Equal Protection clause of the 14th (b) The report required under subsection tives a report detailing the number of Vet Amendment and recognized that equal (a) shall include an assessment of the extent Centers (as so defined) operated by the De- access to education is a fundamental to which the Department of Defense has— partment and a strategic plan to increase (1) identified the near-term and long-term the capacity of such Vet Centers to address civil right. In the Brown v. Board opin- United States military force requirements in unmet readjustment and psychological coun- ion, Chief Justice Earl Warren wrote, Europe in support of the European Reassur- seling needs of veterans in rural and highly ‘‘in the field of public education, the ance Initiative; rural communities. doctrine of ‘separate but equal’ has no

VerDate Sep 11 2014 05:55 May 18, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.046 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2870 CONGRESSIONAL RECORD — SENATE May 17, 2016 place. Separate educational facilities is to give us the right to vote. . . . Give purpose of forming ‘‘a more perfect are inherently unequal.’’ us the ballot.’’ Union.’’ In Brown v. Board, the Court’s As I have said before, this historic Eight years later, the Voting Rights unanimous decision reflected that we decision was the most important Su- Act was signed into law. For years, this are a nation of laws and that equal jus- preme Court decision of the 20th cen- landmark legislation was recognized as tice under law has meaning. tury—and perhaps of all time. Shortly a great achievement. It was repeatedly Unfortunately, while we commemo- after the decision, the New York Times reauthorized by large, bipartisan ma- rate this momentous Supreme Court published an editorial that stated: jorities in Congress. However, 3 years decision today, we find the Supreme ‘‘The Supreme Court’s historic decision ago, in Shelby County v. Holder, the Court today weakened by Senate Re- in the school desegregation cases Supreme Court gutted the Voting publicans’ current obstruction. It is an brings the United States back into the Rights Act. In a divided 5–4 vote, the undisputable fact that the Republicans’ mainstream of its own best traditions. Court struck down the provision that refusal to consider Chief Judge Merrick Segregation is a hangover of slavery, required certain jurisdictions with a Garland’s nomination means that the and its ugliest manifestation has been history of discrimination to preclear Supreme Court will be without a full in the schools.’’ changes to their voting laws with the nine justices for more than one of its While the Brown decision was a his- Department of Justice. terms. The Republican argument ar- toric victory for equality, this anniver- Since the decision, States like Texas, ticulated in February that they should sary is bittersweet. We have made North Carolina, Alabama, and Mis- delay all consideration because it is an great progress in the last 62 years, but sissippi have put in place restrictive election year has no precedent and is there is much work that remains to be state voting laws, which all too often unprincipled. It shows contempt for the done to create ‘‘the more perfect have a disproportionate impact on Court as an institution and as an inde- union’’ that our Constitution promises. lower-income and minority voters. pendent and coequal branch of govern- Significant racial disparities persist in Sixty-two years after the Supreme ment. our schools, as well as our economy Court’s decision in Brown v. Board of The result of Republicans’ sustained and our criminal justice system. Education, it is clear there is much obstruction is that the Court is taking Just last week, following a five-dec- more work to do. We should remember on fewer cases, and even in the cases it ade legal battle, a Federal district Dr. King’s words in 1957. We should re- does hear, it has repeatedly been un- court judge ordered a school district in store the law he implored Congress to able to definitively resolve the issue Mississippi to desegregate. In her opin- enact. It is time to bring the bipartisan before it. A May 1 article by Robert ion, Judge Debra Brown wrote that: Voting Rights Advancement Act to the Barnes in the Washington Post notes ‘‘[the school district’s] delay in deseg- floor and ensure that the Federal Gov- that the number of cases that the Jus- regation has deprived generations of ernment is once again able to fully pro- tices have accepted has fallen, and the students of the constitutionally-guar- tect the fundamental right to vote. experts in that article attribute this to anteed right of an integrated edu- The Supreme Court of the United the Court being down one member. As cation. Although no court order can States stands just across the street one expert noted in the article, ‘‘there right these wrongs, it is the duty of the from here. On the front of the Court seem to be a number of ‘defensive deni- District to ensure that not one more four words are engraved: ‘‘Equal Jus- als,’ meaning neither side of the ideo- student suffers under this burden.’’ tice Under Law.’’ Those words are a logically split court wants to take It is shocking to consider that, six promise and a challenge to all of us. On some cases because of uncertainty decades after the Brown decision, there this day, the anniversary of one of the about how it will turn out, or whether is still resistance to the Court’s man- Court’s greatest triumphs, let us re- the court will be able to reach a deci- date to desegregate our schools. dedicate ourselves to ensuring that sion.’’ We also continue to see efforts to those four words—‘‘Equal Justice Another harmful effect of this Repub- make it more difficult for African Under Law’’—ring true for this genera- lican obstruction is that the Court has Americans and other minorities to ex- tion and future generations of Ameri- been contorting itself to avoid 4–4 ercise the most fundamental constitu- cans. splits by leaving the key questions of tional right, the right to vote. Three f cases undecided. Just yesterday, in two years after the Brown v. Board of Edu- different cases, the Court was unable to cation decision, the Rev. Dr. Martin JUDICIAL NOMINATIONS make a final decision on the merits. In Luther King, Jr., spoke at the Lincoln Mr. LEAHY. Mr. President, today is both cases, the appellate courts are Memorial during a prayer pilgrimage the 62nd anniversary of the Supreme split on the law, and the Supreme to Washington. Court’s landmark decision in Brown v. Court was unable to live up to its In a speech entitled ‘‘Give Us the Board of Education, which reaffirmed name. One of the cases, Zubik v. Ballot,’’ Dr. King described the, ‘‘noble our Nation’s commitment to justice Burwell, involved religiously affiliated and sublime decision’’ in Brown, as and equality by ending racial segrega- employers’ objections to their employ- well as the massive resistance to en- tion in our public schools. The unani- ees’ health insurance coverage for con- forcing the decision. Dr. King noted mous Court overruled one of its worst traception. The Court had already that: ‘‘many states have risen up in precedents in Plessy v. Ferguson and taken the unusual step of ordering sup- open defiance. The legislative halls of held that ‘‘in the field of public edu- plemental briefing in the case, seem- the South ring loud with such words as cation, the doctrine of ‘separate but ingly to avoid a 4–4 split. Even with the ‘interposition’ and ‘nullification.’ But equal’ has no place. Separate edu- extra briefing, the Court was still un- even more, all types of conniving cational facilities are inherently un- able to make a decision. Instead, it methods are still being used to prevent equal.’’ sent the issue back to the lower courts [African-Americans] from becoming For generations, the Brown v. Board expressing ‘‘no view on the merits of registered voters. The denial of this sa- decision has been viewed as a turning the cases.’’ In the second case, Spokeo cred right is a tragic betrayal of the point in the effort to eradicate the v. Robbins, the question at issue was highest mandates of our democratic shameful legacy of Jim Crow and racial Congress’s ability to statutorily create tradition.’’ segregation. On this anniversary, we rights that confer standing for plain- Dr. King knew that there was a vital are reminded of the significance of a tiffs to sue when those rights are vio- connection between desegregation and strong and independent Supreme lated. The case involves important pri- the right to vote. Without Federal vot- Court, as set forth in our Constitution. vacy questions about Americans’ power ing protections, African Americans Americans respect the Court as our to take action when incorrect informa- would not have a voice in government guardian of the Constitution and the tion is posted about them online. The to ensure that the Supreme Court’s de- rule of law. Each generation of Ameri- Court, however, failed to reach the key cision in Brown was fully implemented. cans since the Nation’s founding has question at issue. The effect is that the He went on to say, ‘‘our most urgent worked to bend the arc of the moral current split among the Circuit Courts request to the President of the United universe further toward justice, seek- of Appeals remains unresolved. As yes- States and every member of Congress ing to fulfill the Constitution’s stated terday’s New York Times editorial

VerDate Sep 11 2014 04:40 May 18, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.061 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2871 notes, ‘‘Every day that passes without And none of the cases that the court has Brianne J. Gorod, the Constitutional Ac- a ninth justice undermines the Su- accepted for the term that begins in October countability Center’s chief counsel, said jus- preme Court’s ability to function, and approach the level of controversy that have tices ‘‘know that if the issue is an important leaves millions of Americans waiting marked the dramatic rulings of recent years. one it will probably come back in a year or A panel of court experts assembled by the two, when hopefully there will be a ninth for justice or clarity as major legal Constitutional Accountability Center last justice.’’ questions are unresolved.’’ week offered a number of reasons for the re- Andrew J. Pincus, another Washington In addition to these contortions, the duced workload. lawyer who practices before the court, Court has deadlocked in at least three But they boiled down to a reluctance of the agreed with this analysis but said it is the instances on significant legal issues be- ideologically divided eight-member court to wrong approach for the court to take. fore it. These 4–4 splits have real, prac- take on an issue in which it might not be ‘‘This sounds a little self-interested,’’ able to provide a clear answer. Pincus began, but he said the court has a tical consequences. As a recent Econo- First, a reminder of the enormous leeway mist article noted, ‘‘By letting lower- ‘‘wrongheaded view’’ about the frequency the justices have in setting their agenda. with which issues appear before it, and a An outraged citizen’s vow to fight an injus- court decisions stand but not requiring ‘‘complete misperception of the real world tice ‘‘all the way to the Supreme Court’’ other courts to abide by the ruling, the impact of lower-court decisions that are out comes to pass only if the Supreme Court con- stage is set for odd state-by-state or there for a long time that people in the real sents. district-by-district distinctions when it With a few exceptions of cases the court is world have to comply with.’’ comes to the meaning of laws or the mandated to consider, justices are But if it is easy to detect a slowdown in constitution.’’ I ask unanimous con- unencumbered as they cull through the thou- the court’s grants, it is more difficult to sent that all three articles be printed sands of petitions seeking review. In recent identify which cases the court might have years, only about 70 or so cases receive writs taken if at full strength. in the RECORD at the conclusion of my The court makes those decisions in secret. of certiorari—‘‘cert grants’’—signaling that remarks. No vote total is announced and rarely is an the justices will review the decision of the Republicans’ refusal to do their jobs explanation given. lower court. and consider Chief Judge Garland’s It takes the approval of four justices to So there can only be speculation about nomination diminishes the role of the schedule a case for full briefing and oral ar- which cases are skipped because the court is Supreme Court. In nominating Chief gument. The court makes those decisions all divided, or which the justices agreed the Judge Garland to the Supreme Court, year—it could announce on Monday that it lower court got it right and there is no work President Obama has picked an emi- has accepted more cases—but generally for them to do. those granted after January are placed on nently qualified judge who has more [From the New York Times, May 16, 2016] Federal judicial experience than any the court’s docket for the term that begins the following October. THE CRIPPLED SUPREME COURT other Supreme Court nominee in his- So there is plenty of time for the court to tory. This is an individual who has re- Every day that passes without a ninth jus- pick up the pace. But based on what’s in the tice undermines the Supreme Court’s ability ceived praise across the political spec- pipeline, Howe suggested that there could be to function, and leaves millions of Ameri- trum. But instead of delving into his plenty of lulls in the court’s schedule. cans waiting for justice or clarity as major lengthy public service record for them- If Senate Republicans hold true to their legal questions are unresolved. selves, Republicans have decided to pledge not to hold hearings or a vote on On Monday, the eight-member court avoid- outsource their jobs to outside interest President Obama’s nomination of U.S. Cir- ed issuing a ruling on one of this term’s big- cuit Judge Merrick Garland to fill Scalia’s groups who have spent millions of dol- gest cases, Zubik v. Burwell, which chal- seat before the election, the court will enter lenges the Affordable Care Act’s requirement lars to smear Chief Judge Garland. And the next term one justice down. And if a worse, they continue to refuse to allow that employers’ health care plans cover the lame-duck Senate after the election does not cost of birth control for their employees. In Chief Judge Garland a chance to re- consider him, it would be sometime in the an unsigned opinion, the court sent the law- spond at a public hearing. spring, at the earliest, before the court is suits back to the lower federal courts, with As long as they stick to this unprin- back to full strength. instructions to try to craft a compromise cipled position, Republicans will con- John P. Elwood, a Washington lawyer and that would be acceptable to everyone. tinue to undermine the Court’s ability Supreme Court specialist, said ‘‘having an This is the second time since Justice extra member matters.’’ Antonin Scalia’s death in February that the to serve its role under our Constitution He watches the Supreme Court’s docket as court has failed to reach a decision in a high- as the final arbiter of our Nation’s closely as anyone, writing a column for profile case; in March, the court split 4 to 4 laws. Republicans should reverse Scotusblog about the cases the court con- in a labor case involving the longstanding siders at its private conferences and which course and treat the Court as the inde- right of public-sector unions, which rep- seem likely to be granted. pendent and coequal branch of govern- resent millions of American workers, to He said there seem to be a number of ‘‘de- ment that it is. charge collective bargaining fees to non- fensive denials,’’ meaning neither side of the members. So today, let us not only celebrate ideologically split court wants to take some The Zubik litigation, which involves seven the Court’s historic decision in Brown, cases because of uncertainty about how it separate cases, was brought by religiously but also resolve to return this vener- will turn out, or whether the court will be affiliated nonprofit employers like hospitals, ated institution to full strength. It be- able to reach a decision. gins with giving Chief Judge Garland a ‘‘The court already is a defensive enough colleges and social service organizations that do not want any role in giving their em- fair public hearing and a vote. institution,’’ Elwood said. He said that Jus- tices Clarence Thomas and Stephen G. ployees access to contraception. There being no objection, the mate- The Obama administration, mindful of rial was ordered to be printed in the Breyer have noted that the court is cautious about granting cert in the best of times. concerns over religious freedom, has already RECORD, as follows: They ‘‘have said essentially, ‘You can’t provided a way out for these employers: [From the Washington Post, May 1, 2016] screw up by not taking a case, you can only They must notify their insurer or the gov- ernment, in writing, of their objection, at SCALIA’S DEATH AFFECTING NEXT TERM, TOO? screw up by taking a case,’ ’’ Elwood said. which point the government takes over and PACE OF ACCEPTED CASES AT SUPREME ‘‘And now there’s one more reason not to provides coverage for the contraceptives at COURT SLOWS take a case: that the court may blow up and not be able to decide the thing.’’ no cost to the employers. (By Robert Barnes) Sherrilyn Ifill, president and director- This sensible arrangement was not enough The ways in which Justice Antonin counsel of the NAACP Legal Defense and for several plaintiffs who said it still vio- Scalia’s sudden death are altering the cur- Educational Fund, said the apparent slow- lated their religious freedom under a federal rent Supreme Court term have been widely down is another consequence of waiting to law, because the act of notification itself chronicled. fill Scalia’s seat. made them complicit in the provision of But it appears the absence of Scalia will be It is a rebuttal to ‘‘all of these sanguine birth control. felt on the court’s work next term, as well. statements that we can have eight justices Eight federal courts of appeals have al- The number of cases the justices have ac- and it just doesn’t matter, we’ll just kick ready rejected this claim, finding that such a cepted has fallen, meaning that a docket the can down the road,’’ she said. minor requirement did not place a substan- that in recent years has been smaller than Ifill often disagrees with the decisions of tial burden on the objectors’ religious free- what is traditional is shrinking still. the conservative court but said that every- dom. In her opinion for the Court of Appeals The court has accepted only six cases since one agrees ‘‘this is a branch of government for the District of Columbia Circuit, Judge Scalia died Feb. 13. The number is low com- that actually gets the job done.’’ She added: Cornelia Pillard wrote that under both fed- pared with the average, Scotusblog.com edi- ‘‘I think the court is trying to be prudent eral law and the Constitution, ‘‘freedom of tor Amy Howe said at an event last week re- and not be a participant in its own demise by religious exercise is protected but not abso- viewing the Supreme Court’s work. not taking these cases it can’t decide.’’ lute.’’ This was the right answer, and should

VerDate Sep 11 2014 04:40 May 18, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.059 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2872 CONGRESSIONAL RECORD — SENATE May 17, 2016 have easily guided the justices in resolving plummeted into the 80s and, in recent years, drawing districts, Justice Ruth Bader Gins- this case. the 70s. The justices will grant more cases in burg wrote for her colleagues, but the ques- But in a highly unusual order issued days dribs and drabs following their private con- tion of whether it requires them to do so is after oral arguments, the justices asked both ferences in May and June and after the so- off the table until a case forces it back on. sides to consider a potential compromise— called ‘‘long-conference’’ in September (fol- But beyond the Evenwel surprise and the having a religiously affiliated employer tell lowed by more conferences throughout the seemingly ill-fated attempt to resolve the an insurer of its objection to birth control autumn and winter), but early indications dicey dilemma in Zubik, it’s very hard to see coverage, and then having the insurer sepa- are that the term starting in October may be how a denuded court is an appealing concept rately notify employees that it will provide one of the most relaxed in recent memory. in the medium or long-term. A patchwork cost-free contraceptives, without any in- The Obama administration continues to quilt of legal realities may have been fitting volvement by the employer. push Senate Republicans to change their for America under the Articles of Confed- In Monday’s opinion, the court said both minds and hold confirmation hearings for eration, before the country had a political sides’ responses indicated that a compromise Merrick Garland, chief judge of the District system that made it something approxi- was possible. Without weighing in on the of Columbia circuit court. While a number of mating a union, but America’s constitu- merits of the litigation, the court sent the GOP senators have agreed to meet Mr. Gar- tional design is not consonant with deep con- lawsuits back to the federal appeals courts land for lunch or tea, none have endorsed fusion about what the law means on con- and told them to give the parties ‘‘an oppor- him or said he should have a hearing. The troversial questions of public life. While the tunity to arrive at an approach going for- fight to fill Mr. Scalia’s seat before the next bind they’re in may lead to occasional com- ward that accommodates petitioners’ reli- president takes office includes a new hashtag promises, the justices will only bend so far. gious exercise while at the same time ensur- (#WeNeedNine) and a counter showing the Whether the divide manifests as 4–4 splits or ing that women covered by petitioners’ number of ‘‘days of obstruction’’ in the Sen- a tendency to hear fewer cases in which health plans receive full and equal health ate since Mr. Obama tapped Mr. Garland for those splits seem likely, a curbed Supreme coverage, including contraceptive cov- the job. (That number is 51 and counting.) Court is not a court that can possibly live up erage.’’ ’ But the Republican leadership isn’t budging. to its name. This move solves nothing. Even if these Charles Grassley, chair of the judiciary com- plaintiffs can find their way to an agreement mittee, admits that leaving the appointment f with the government that satisfies their reli- to the next president is a ‘‘gamble’’ given VOTE EXPLANATION gious objections, there are other employers that Donald Trump is now all-but certain to with different religious beliefs who will not be the Republican nominee, but he is stick- Mr. WYDEN. Mr. President, I regret be satisfied, and more lawsuits are sure to ing to his guns. that due to travel delays on my return follow. What’s wrong with eight justices? The pri- from Oregon, I missed the vote yester- The court could have avoided this by af- mary worry is that tie votes will sow legal confusion and uncertainty. When justices are day on the confirmation of the nomi- firming the appellate decisions that cor- nee, Paula Xinis, to fill a judicial rectly ruled in the government’s favor. Un- split down the middle, they cannot resolve rival views on crucial national issues—from emergency vacancy in the U.S. District fortunately, the justices appear to be evenly affirmative action and public unions to gay Court for the District of Maryland. split on this issue, as they may be on other rights, birth control and abortion. By letting significant cases pending before them. Ms. Xinis was nominated more than a lower-court decisions stand but not requiring The court’s job is not to propose com- year ago. The ABA Standing Com- other courts to abide by the ruling, the stage plicated compromises for individual liti- mittee on the Federal Judiciary unani- is set for odd state-by-state or district-by- gants; it is to provide the final word in inter- mously rated Xinis ‘‘Well Qualified’’ to district distinctions when it comes to the preting the Constitution and the nation’s meaning of laws or the constitution. This serve on the district court, its highest laws. Despite what Senate Republicans may seems to be the worry that prompted the jus- rating. She has the support of her say about the lack of harm in the delay in tices to search for a compromise after hear- home State Senators, Senators MIKUL- filling the vacancy, the court cannot do its ing arguments in March in the latest fight job without a full bench. SKI and CARDIN. She was voted out of over Obamacare and contraception. One fed- the Judiciary Committee by voice vote eral district court has said that the contra- [From the Economist, May 9, 2016] on September 17, 2015. In addition, 20 ceptive mandate violates a 1993 law banning WHY THE SUPREME COURT IS SLOWING DOWN judicial nominees for lower court va- the government from unduly interfering cancies that were all voted out of com- With five votes, the late Justice William with other people’s religious scruples. A half Brennan liked to tell his clerks, ‘‘you can do dozen other appellate courts have come to mittee by unanimous voice vote are anything around here’’. Justice Brennan’s the opposite opinion. So if the justices divide currently on the Executive Calendar. It rule still applies after the death in February 4–4 in Zubik v Burwell, women across most is important that the Senate work to of Antonin Scalia. But with only eight jus- of America will have access to birth control prioritize filling these vacancies. tices remaining, the magic number of five is through their employer’s health coverage, For those reasons, had I not experi- now harder to come by. Twice since Mr. while women in seven midwestern states will enced travel delays and been present as Scalia’s death the Supreme Court has per- not. The justices’ unprecedented effort to originally intended, I would have voted formed the judicial equivalent of throwing square the circle by playing mediator does in support of her nomination. up its hands. In a small case concerning not look promising. banking rules and in a hugely consequential Some legal scholars argue that an eight- f case challenging the future of public-sector justice bench isn’t so bad after all and might unions, the justices issued one-sentence per actually be preferable. Eric Segall, a pro- NATIONAL HURRICANE curiam (‘‘by the court’’) rulings: ‘‘The judg- fessor of law at Georgia State University, PREPAREDNESS WEEK ment is affirmed by an equally divided thinks the 4–4 ideological divide is pushing Mr. VITTER. Mr. President, I wish to court.’’ A tie in the high court means that justices to moderate their claims in an effort recognize the week of May 15 through the ruling in the court below stands. But a to win votes from their colleagues on the tie-induced affirmance does not bind other other side. ‘‘[T]o accomplish their goals’’, 21, 2016, as National Hurricane Pre- lower courts, and the judgment has no value Mr. Segall writes, ‘‘the Justices would sim- paredness Week. as a precedent. A tie, in short, leaves every- ply have to get along better’’. This is a pre- As each Louisianian knows, the be- thing as it was and as it would have been had scription, he says, to ‘‘more public con- ginning of June marks the beginning of the justices never agreed to hear the case in fidence in the final outcomes’’ of Supreme hurricane season, and we are acutely the first place. Court decisions. We may have seen just such aware of how dangerous and damaging That’s a lot of wasted ink, paper, time and a compromise at work in a recent voting- these storms can be. As we recognize breath. And now it seems the justices may be rights decision, Evenwel v Abbott. After the National Hurricane Preparedness keen to reduce future futile efforts as they oral argument in December, most pundits contemplate a year or more with a missing (including your correspondent) were expect- Week, I want to emphasize the impor- colleague. As Robert Barnes wrote in the ing a 5–4 decision upending the common un- tance of making adequate preparations Washington Post last week, the Supreme derstanding of ‘‘one person, one vote’’ to keep our families and communities Court’s pace of ‘‘grants’’—cases it agrees to (counting everybody) in favour of counting safe. While it is impossible to predict take up—has slowed. Only 12 cases are now only eligible voters, a scheme favouring when a disaster will strike, being in- on the docket for the October 2016 term that whiter, wealthier, GOP-leaning districts. But formed, prepared, and having a plan begins in the fall, and grants are lagging the justices came out 8–0 in the other direc- can make all the difference in the below the average of recent years. The slow tion. The four liberals seem to have at- world. pace is especially notable because it marks a tracted the conservatives’ votes (though Jus- slowdown from an already highly attenuated tices Samuel Alito and Clarence Thomas dis- The National Hurricane Center rec- docket. Seventy years ago, the justices de- agreed with the reasoning) by lowering the ommends that folks take specific steps cided 200 or more cases a year; that number temperature a bit: the constitution permits to prepare, such as creating a plan for declined to about 150 in the 1980s and then states to use total population as the basis for your family, buying proper supplies

VerDate Sep 11 2014 04:40 May 18, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.048 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2873 ahead of time, locating a safe room or It was in October of 1917 when Selmer They also have five children— the safest areas in your home for each joined the American Expeditionary Dianna, Kevin, Tammy, Sam, and hurricane hazard, making a plan for Forces in France as a private of Com- Curt—some of whom are here with us your pets, and taking First Aid, CPR, pany G, 2nd Battalion, 16th Infantry today. or disaster preparedness classes. Regiment, 1st Infantry Brigade, 1st Di- Thank you all for being here to cele- On a Federal level, I have been work- vision. brate Selmer’s life, legacy, and history. ing to implement precautionary meas- Selmer was shipped off, and by May I have the profound honor of pre- ures. As chairman of the Transpor- of 1918, he had earned his first Purple senting Selmer’s son Orland Leland tation and Infrastructure Sub- Heart, after enduring an onslaught of with his father’s WWI medals: Purple committee, I worked with my Repub- mustard gas in weeks leading up to the Heart with one bronze oakleaf cluster; lican and Democrat colleagues on the Battle of Cantigny. World War I Victory Medal with critically important Water Resources The attack cost him a lung and re- Montdidier Noyon, Aisne-Marne, St. Development Act of 2016, which re- sulted in lifelong respiratory issues. Mihiel and Meuse-Argonne Battle cently passed through the Senate Com- Just 10 weeks later, Selmer took a Clasps and France Service Clasp; and mittee on Environment and Public bullet to the shoulder in the Second World War I Victory Button—Silver. Works. This bill would advance numer- Battle of Marne, earning him a bronze Orland, these medals serve as a small ous hurricane protection efforts that oakleaf cluster to adorn his Purple token of our country’s appreciation for will make our communities safer and Heart. your father’s heroic service and pro- better prepared for such disasters, He also sustained shrapnel wounds to found sacrifice. most notably through the support it his chest and, as his son Orland proudly He is truly an American hero, and we provides to coastal restoration efforts tells it, he died, more than 60 years have the utmost gratitude for his serv- in Louisiana. Passing WRDA 2016 is an later, with that bullet still in his arm. ice. absolute top priority, and I will con- Despite these two devastating inju- f tinue working to bring it to the Senate ries, Selmer persevered, spending an- floor for a vote in the near future. other year overseas, even after the war REMEMBERING FRED DE ROCHE Regarding long-term preparedness, I had ended, as a member of the Amer- Mr. TESTER. Mr. President, today I am proud to announce that my bipar- ican occupation forces in Germany. wish to honor Fred D. De Roche, a tisan bill to reauthorize the National When he finally returned to the decorated World War II veteran, Black- Estuary Program is on its way to the States, in September of 1919, his com- feet tribal member, and lifelong resi- President’s desk to be signed into law. pany was invited to Washington, DC, to dent of Browning, MT. Louisiana’s estuaries create a natural meet President Woodrow Wilson, so he Fred was killed in action, bravely de- buffer zone and have protected thou- could thank them personally for their fending this Nation, so I will be pre- sands of square miles of land along the service. senting his son, Art De Roche, with the coast, including some of the Nation’s Eventually, Selmer moved back to medals his father earned during World busiest ports, high-yielding fisheries, his family’s homestead in Canada to War II. and vast oil and mineral deposits. My farm again. This is where he met the Art, on behalf of myself, my fellow bill will make sure our critical estu- love of his life, Clara. Montanans, and my fellow Americans, aries are restored and preserved so that Clara was a Kalispell girl, born and I would like to acknowledge your fa- our coastal communities are better raised, who was visiting family up in ther’s gallant service to this Nation protected ahead of future storms. Canada when she met Selmer. and thank you for the sacrifices you The two fell in love, and, in February Hurricanes are part of life, especially have made, losing your father at such a of 1924, they returned to Kalispell to in Louisiana, but diligence and prepa- young age. ration can help reduce their impact on get married. By December, they had their first Fred was born on April 3, 1924, to your family, home, and business. I urge Charlie and Annie De Roche in Brown- you to take hurricane watches and son, Robert Leland, who followed in his father’s footsteps by joining the Army ing, MT. warnings seriously. Please plan ahead He grew up with many siblings, rais- during WWII and fighting in the Battle for your family’s safety, and encourage ing cows and horses on his family’s of the Bulge. your neighbors to do the same. ranch on the Blackfeet reservation. f Robert eventually had five kids: Marvin, Melvin, Shirley, Mark, and He eventually met his wife, Mildred REMEMBERING SELMER LELAND Robert, Jr., who went on to serve in Underbear, and soon after getting mar- Mr. TESTER. Mr. President, today I Vietnam. ried, the couple discovered they were wish to honor Selmer T. Leland, a Both Robert and Robert, Jr., have pregnant. decorated World War I veteran and since passed on, but their generations As many of you know, Native Ameri- longtime resident of Kalispell, MT. of service won’t soon be forgotten. cans have always exhibited a deep and Unfortunately Selmer is no longer After spending some time in the Pa- profound love of country, enlisting in with us, so I will be presenting his son, cific Northwest, the family eventually the military at higher rates than any Orland Leland, with the medals he settled down in Kalispell, where other ethnic group. earned for his heroic service during Selmer spent his career as a sawmill Fred was no different. In fact, Fred World War I. worker until retiring at the age of 65, had enlisted in the Army earlier that Orland, on behalf of myself, my fel- but his work was far from done. year, alongside his cousin, Billy low Montanans, and my fellow Ameri- After retiring from the sawmill, Wolftail. cans, I would like to acknowledge your Selmer became a logger, heading to In the ultimate act of patriotism, father’s remarkable sacrifice and serv- work every day in the forests well into Fred deployed before his son, Art, was ice to this Nation and thank you for his seventies. born on February 11, 1943. your unwavering commitment to keep- Twenty years after the birth of their Fred was sent to Belgium, where he ing his legacy alive. first son, Clara and Selmer, now 50, served as a private in the Headquarters Selmer was born on April 30, 1894, in welcomed their second son, Orland, Company’s 39th Infantry Regiment, 9th Abercrombie, ND, to Isak and Sanna who I have the distinct pleasure of Infantry Division. Leland. being with today. It was there that Fred earned his He grew up alongside his seven sib- Both Orland and his wife, Janet, were Bronze Star Medal on October 15, 1944, lings on their family farm in North Da- born and raised in Kalispell and still for meritorious achievement in active kota. When Selmer was 8, the family reside here today. ground combat. moved to Canada. Orland, who was a firefighter for 30 A little more than 2 months later, on Later, when he grew old enough, years, and Janet, who is the volunteer December 21, 1944, Fred fought his last Selmer ventured out on his own to director at the Kalispell Regional Med- battle in courageous service to this Montana, becoming a farmer in Big ical Center, have both continued this great Nation. Sandy, before enlisting in the army at family’s legacy of dedicated public He was awarded a Purple Heart for the age of 23. service. his valor and bravery.

VerDate Sep 11 2014 04:40 May 18, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.051 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2874 CONGRESSIONAL RECORD — SENATE May 17, 2016 On Memorial Day 2015, the Blackfeet gladness.’’ Hokulea is the first tradi- training at Fort Knox, KY, and stayed Nation was honored at the Montana tional voyaging canoe to be built in to command two armor companies in Veterans Memorial in Great Falls. Hawaii in over 600 years and has since the 1st Armored Training Brigade. I was proud to be the main speaker at served as a cultural ambassador of Ha- Upon completion of command, Colonel that event, where 162 tiles were added waii to the world. Taylor was stationed in Doha, Qatar, to the walls of the memorial, in rec- Crew members observed patterns in as the operations officer responsible for ognition of military veterans from the the stars, sun, moon, wind, and ocean one of the Army’s forward positioned Blackfeet Nation. Mr. Fred DeRoche swells to guide Hokulea to Tahiti on headquarters in the Middle East. was one of the names added that day. her inaugural journey. The voyage After returning from Qatar, Colonel Fred died in battle, but his spirit and demonstrated that Polynesian Taylor was assigned to the National legacy live on in his son, Art, who I wayfinding methods could successfully Training Center at Fort Irwin, CA, the have the distinct pleasure of being here be used to travel on long-distance jour- Army’s premier training center, where with today. neys and revived a navigational meth- he helped train units for deployment Art was raised by his great-grand- od many assumed was lost. for 4 years. Colonel Taylor was next as- mother, Rosie Big Beaver, on the In 2013, Hokulea and her sister canoe signed to Fort Hood, TX, where he Blackfeet reservation. Hikianalia embarked on a journey served as a brigade and battalion oper- He grew up in Browning, married his around the State of Hawaii before com- ations officer and executive officer in wife, Shirley, and together, they raised mencing a 36-month worldwide voyage 4th Infantry Division, including a de- three beautiful children here: Arthur, named Malama Honua, which means ployment to Operation Iraqi Freedom Jr., David James, and Jolene Anne. ‘‘to care for our Earth.’’ in Iraq. Thank you all for being here to cele- Since the journey began, Hokulea has Following his assignment at Fort brate Fred’s life and legacy of service visited 24 islands and six countries Hood, Colonel Taylor was selected to our State, the Blackfeet people, and across Polynesia, Mauritius, South Af- through a highly competitive process this great Nation. rica, Brazil, and the East Coast of the to serve as an Army Congressional Fel- I have the profound honor of pre- United States, visiting States Florida, low on the personal staff of my col- senting Fred’s son, Art De Roche, with South Carolina, North Carolina, Vir- league Senator JOHN CORNYN of Texas. his father’s medals: Bronze Star; Pur- ginia, New York, and Washington, DC. Following his fellowship, he was as- ple Heart; European-African-Middle I extend my deepest congratulations signed to the Army’s Office of the Chief Eastern Campaign Medal with one to the Polynesian Voyaging Society of Legislative Liaison, where he served Bronze Service Star; World War II Vic- and the crews of Hokulea and for 2 years as the Army’s primary liai- tory Medal; Combat Infantryman Hikianalia and wish them smooth sail- son for personnel issues to the U.S. Badge; Belgian Fourragere; and Honor- ing as they continue the Malama Congress and the Armed Services Com- able Service Lapel Button WWII Honua Worldwide Voyage. mittees. Art, these medals serve as a small I look forward to hearing of their During this assignment, Colonel Tay- token of our country’s appreciation for many adventures upon completion of lor was selected for command of 1st your father’s heroic service and pro- the voyage, and I encourage all of my Squadron, 32d Cavalry, in the 101st Air- found sacrifice. colleagues to visit Hokulea while she is borne Division at Fort Campbell, KY. He is truly an American hero, and we docked in Washington, DC. Following command, he returned to are eternally grateful for his service. f the Pentagon, where he served for 3 f years as a congressional budget liaison TRIBUTE TO COLONEL PAUL J. officer in the Office of the Assistant RECOGNIZING THE POLYNESIAN TAYLOR Secretary of the Army for Financial VOYAGING SOCIETY AND THE Mr. MORAN. Mr. President, I wish to Management and Comptroller. He MALAMA HONUA WORLDWIDE pay tribute to COL Paul J. Taylor for expertly managed the Army’s procure- VOYAGE his inspiring and honorable dedication ment and research, development, test, Ms. HIRONO. Mr. President, Hawaii’s to the U.S. Army and service to our and evaluation portfolios, liaising with traditional Polynesian voyaging canoe Nation. Paul spent a year on Capitol the House and Senate Appropriations Hokulea and her crew are in the Wash- Hill as an Army Congressional Fellow Committees to provide critical re- ington, DC, area this week as part of in the U.S. Senate where he learned sources for Army warfighters. His most its Malama Honua Worldwide Voyage. I valuable skills that prepared him for recent assignment was the office’s sen- would like to congratulate and honor his service the last 3 years as a Con- ior budget liaison, providing day-to- the Polynesian Voyaging Society for gressional Budget Liaison for the Sec- day leadership to 15 other budget liai- its work in bringing about this signifi- retary of the Army. In this capacity, I sons who greatly benefited from his cant endeavor to raise awareness of have found Paul to be a critical re- guidance and mentorship. global sustainability while sharing tra- source and trusted confidant on all Over the last several years, Colonel ditional Polynesian navigation prac- matters related to supporting our Taylor has developed a close working tices and creating global relationships Army. relationship with my office. As much through cultural exchanges. Hokulea Colonel Taylor was nominated to at- as his Kansas ties mean to me and my will voyage over 60,000 miles to 100 tend the U.S. Military Academy from staff, equally valued is Paul’s strength ports in 27 nations, including 12 Marine his home State of Connecticut and was of character and humble approach in World Heritage sites identified by the commissioned an armor officer in 1993. serving others. He represents the best United Nations Educational, Scientific, Colonel Taylor has served in a broad in our Army, and he will always be wel- and Cultural Organization. range of armor and cavalry assign- come in my office and as part of our Established in 1973, the Polynesian ments during his 23 years of service. As Kansas community. I wish Paul, his Voyaging Society developed a new gen- a junior officer, he served as a tank wife Amy, and his daughters Lauren, eration of Polynesian navigators, per- platoon leader, executive officer, and Abigail, and Ella Kate the very best as petuating the teachings of Master Nav- battalion maintenance officer in the they transition from Army life and igator Mau Piailug from the island of 1st Infantry Division at Fort Riley, in move home to Kansas. Satawal in the Federated States of Mi- my own State of Kansas. During his On behalf of a grateful nation, I join cronesia. The Polynesian Voyaging So- time with the Big Red One, he met the my colleagues today in recognizing and ciety is largely credited with revolu- former Amy S. Boydston, from commending COL Paul Taylor for more tionizing the perception of Polynesian- Centerville, KS. The two were married than 23 years of service to his country. style voyaging as a sophisticated form at Fort Riley and have experienced Paul’s leadership throughout his career of sailing and navigation. more than 20 years of Army life to- has positively impacted his soldiers, In 1976, the Polynesian Voyaging So- gether, along with their three daugh- peers, and superiors. We wish Paul, his ciety completed construction of the ters: Lauren, Abigail, and Ella Kate. wife Amy, and their children all the double-hulled voyaging canoe named Following his time at Fort Riley, best as they continue their journey of Hokulea, which translates to ‘‘star of Colonel Taylor attended advanced service.

VerDate Sep 11 2014 04:40 May 18, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.056 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2875 ADDITIONAL STATEMENTS erans tour the monuments that have ade stateside and continues to give been constructed in their honor, I offer back to his community. He is a JROTC my sincerest thanks to them on behalf instructor at Montcalm High School in SAMSUNG SOLVE FOR TOMORROW of our Nation for their service. Mercer City and serves as vice presi- STEM EDUCATION COMPETITION The veterans joining us in Wash- dent of the Always Free Honor Flight ∑ Mr. GARDNER. Mr. President, today ington hail from across West Virginia, network. Thank you, Sergeant First I wish to congratulate a group of from Scott Depot and Princeton to Class Dorsey, for your lifelong commit- eighth-grade students at Horizon Mid- Rainelle and Lewisburg. They have ment to the U.S. military and our vet- dle School in Aurora, CO. Recently I served in World War II, the Korean erans. met with Simon-Peter Frimpong and war, the Vietnam war, during the Cold The veterans participating in this Grayson Fast who participated in the War prior to the Berlin Wall’s collapse, week’s honor flight range in age from Samsung Solve for Tomorrow STEM and the wars in the Middle East. They 54 to 94 and have fought for our free- Education Competition. Grayson, have participated in decisive overseas dom in many historic events. This Simon-Peter, and their classmates battles and won myriad accolades for week, as we celebrate these incredible were among just five grand prize win- their accomplishments in uniform. veterans and their answering our Na- ners out of more than 4,000 contestants First and foremost, I wish to remem- tion’s call of duty, we must remember nationwide. This competition brings ber PO3 Earnest McKenzie, an Athens, that the men and women who have together schools from across the coun- WV, native, who joined the U.S. Navy given so much to ensure America’s try to encourage the use of science, in 1955 and served on the USS Brownson safety deserve the utmost care and sup- technology, engineering, and mathe- in the Vietnam war. He was supposed port upon their return home. matics, STEM, to solve complicated to attend this week’s honor flight to We must continue to fight for a De- problems. As a national winner of this visit the memorials made in his honor, partment of Veterans Affairs that pro- competition, Horizon Middle School but he sadly passed away on Friday at vides our veterans with the services will receive funds to purchase cutting- the age of 75. My thoughts and prayers they very much need and deserve. This week’s honor flight and the con- edge technology for their school. are with his family during this sad To win this competition, the stu- time, and I sincerely thank him for his tinued support of our veterans would dents at Horizon Middle School created service and sacrifice. not be possible without the dedication a more comfortable and versatile pros- I especially wish to recognize our of so many volunteers and caregivers. I thetic limb for a local veteran. Along World War II veterans who will be on wish to thank the JROTC cadets from Princeton, Montcalm, Bluefield, and with providing more comfortable ev- this honor flight. Ninety-four year old Pikeview high schools, as well as the eryday use, the students designed mul- former SN William ‘‘Ray’’ Calvin Sex- military spouses serving as the guard- tiple attachments, including an attach- ton from Tazewell, joined the Navy in ians on this year’s honor flight. The ment for a longboard, to allow him to Bramwell, WV, in 1943 and was a gun- care and love you provide for our vet- participate in various activities. This ner stationed in Panama and the Gala- erans is invaluable and deeply appre- project required enormous amounts of pagos Islands. We will also be joined by Machinist Mate Third Class Marion ciated. time and dedication, as well as an in- I also commend those in the Always Grey Noel, who joined the Navy in the depth study of STEM disciplines. Along Free Honor Flight network for their 1940s and bravely fought at the battle this journey, the students had the dedication to providing our veterans unending support of their teacher of Iwo Jima and Okinawa. These men truly represent the sac- with such a unique and meaningful ex- Melinda Possehl and the school’s prin- perience. My gratitude especially goes rifices made by our Nation’s ‘‘greatest cipal, Nichole Bell. out to Dreama Denver, president of Al- generation’’ and embody American pa- Congratulations again to the stu- ways Free Honor Flight network and triotism and valor. They fearlessly dents of Horizon Middle School on your owner Little Buddy Radio of Princeton, fought in such a pivotal war in an era outstanding accomplishment. I look WV, as well as Pam Coulbourne, the co- that threatened our existence as a na- forward to what the future has in store ordinator of these flights. Dreama and tion. We are losing so many of our for these tremendously bright stu- Pam launched the Always Free Honor ∑ World War II veterans every day, and dents. Flight in 2012 and have been making the time to show our utmost gratitude f the dreams of West Virginia’s veterans to them is here and now. a reality every year since. They, along ALWAYS FREE HONOR FLIGHT I also wish to highlight the tremen- with Sergeant First Class Dorsey and ∑ Mr. MANCHIN. Mr. President, with dous achievements of two Vietnam war board member and official photog- immense pride, I wish to recognize the veterans who will be on this honor rapher Steve Coleman, have done a tre- 25 heroic veterans who have traveled to flight. Mabscott, WV, native, former mendous job of ensuring that our vet- Washington from West Virginia on this SPC Raymond C. Palmer joined the erans receive the recognition they de- year’s Always Free Honor Flight this Army in 1967 and fought in the 1968 Tet serve. Dreama, Pam, and Steve have week. This truly moving event serves Offensive when the Vietcong and North also dedicated themselves to the Den- as a unique opportunity for us to honor Vietnamese forces launched a series of ver Foundation, serving as incredible and share our deepest gratitude for attacks on scores of towns and cities examples of how individuals can give these individuals who have sacrificed through South Vietnam. Another Viet- back to their communities. so much in the service of our great Na- nam veteran participating in this Our Nation would not enjoy the free- tion. week’s honor flight is SSG Michael A. dom and liberty we do today without With one of our country’s highest per Hudnall of Rainelle, WV, who joined the commitment and sacrifice of the capita rates of military the Army in 1969. Staff Sergeant veterans who have served throughout servicemembers and veterans, West Hudnall served in the 1st Air Cavalry our history. Their bravery and sacrifice Virginia is undoubtedly one of our Na- stationed in Bien Hoa and earned two know no bounds, and for this, we are tion’s most patriotic States. Through- Purple Hearts, two Bronze Stars, and forever grateful. With this week’s Al- out the history of the Mountain State, two Air Medals. Their dedication to ways Free Honor Flight, we celebrate our citizens have demonstrated the our Nation knows no bounds, and I and give thanks for these veterans and bravery and selflessness time and again thank them for their service. all they have done for our country. in making tremendous sacrifices to I also wish to recognize Army SFC God bless our many servicemembers keep our homeland safe and free. Ac- Paul W. Dorsey of Bluefield, WV, who and veterans, the great State of West cording to the Department of Defense, joined the Army in 1978. Sergeant First Virginia, and the United States of West Virginia had the highest casualty Class Dorsey served the United States America.∑ rate in the Nation during the Vietnam for 10 years in Germany, more than 3 of f war, and I am so proud that the honor which he was stationed in Berlin prior flight will allow these West Virginia to the Wall’s collapse. Following his TRIBUTE TO TAD FELTS veterans to pay homage to their breth- return home, Sergeant First Class Dor- ∑ Mr. MORAN. Mr. President, in a ren at the Vietnam wall. As these vet- sey went on to serve an additional dec- rural State like my own, where many

VerDate Sep 11 2014 04:40 May 18, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.054 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2876 CONGRESSIONAL RECORD — SENATE May 17, 2016 Kansans live more than half an hour role in the lives of people in the Phil- oners, a peaceful and competitive elec- from the nearest neighboring town, lipsburg area, and Tad has always been tion, the signing of a Nationwide communities are stitched together by a driving force behind that station’s Ceasefire Agreement with eight ethnic what they hear on the radio. programming and its scope of commu- armed groups, the discharge of hun- For more than 40 years, Tad Felts nity service.’’ dreds of child soldiers from the mili- has been broadcasting high school ath- His professionalism was recognized tary, steps to improve labor standards, letics and reporting north central Kan- by his peers when Tad was inducted and expanding political space for civil sas news for KKAN–KQMA radio in into the Kansas Association of Broad- society to have a greater voice in shap- Phillipsburg, but after several decades casters Hall of Fame in 2010. Inductees ing issues critical to Burma’s future. In chronicling hundreds—or more likely to the hall of fame are selected based addition, Burma has become a signa- thousands—of sporting events, Tad de- upon their contributions to the broad- tory of the International Atomic En- cided a couple years back it was time casting profession, their broadcast ca- ergy Agency’s Additional Protocol and to watch a few more games from the reer, and their recognition and awards ratified the Biological Weapons Con- bleachers rather than the press box. received, and Tad is an extremely de- vention, significant steps towards sup- Now, this month, he will retire from serving recipient. porting global non-proliferation. De- radio altogether. Today I want to express my gratitude spite these strides, the situation in the Tad first started his radio career in to Tad Felts for helping to strengthen country continues to pose an unusual Garden City at KIUL as a high school the close bonds of rural communities and extraordinary threat to the na- sophomore in 1948, working after through his years of faithful service. I tional security and foreign policy of school and at night for free. During his want to congratulate him on a job well the United States. time at KIUL, his main duties were done for the past nearly six decades. Concerns persist regarding continued cleaning the floors and playing records. Tad’s been a tremendous friend to me obstacles to full civilian control of the While he was a student at Fort Hays over the years, and his work has served government, the ongoing conflict and State University in 1951, Tad worked at as a bedrock for many of the commu- human rights abuses in the country, KAYS radio station in Hays and upon nities I grew up in and care deeply particularly in ethnic minority areas, graduation at KLOE in Goodland. Tad about. and military trade with North Korea. found his eventual home with the team Tad, I wish you all the best and In addition, Burma’s security forces, at KKAN–KQMA in Phillipsburg in thank you for everything you have operating with little oversight from 1972. done to improve the lives of so many in the civilian government, often act with Given his decades of experience in our great State.∑ impunity. We are further concerned broadcasting, Tad knows the business f that prisoners remain detained and well and takes great joy in teaching that police continue to arrest critics of others. Gerard Wellbrock, the sports MESSAGE FROM THE PRESIDENT the government for peacefully express- director of KAYS radio in Hays and the A message from the President of the ing their views. For this reason, I have voice of the Fort Hays State Univer- United States was communicated to determined that it is necessary to con- sity Tigers said this about Tad: ‘‘He the Senate by Mrs. Neiman, one of his tinue the national emergency with re- was a good mentor, I learned so much secretaries. spect to Burma. from him. The work ethic, how to deal Despite this action, the United f with people, the relations you build States remains committed to working with athletic directors and coaches. PRESIDENTIAL MESSAGE with both the new government and the It’s hard not to like Tad. And you people of Burma to ensure that the learned a lot about work, and life, just democratic transition is irreversible. by being around him.’’ REPORT ON THE CONTINUATION BARACK OBAMA. In gyms across north central Kansas, OF THE NATIONAL EMERGENCY THE WHITE HOUSE, May 17, 2016. the KKAN–KQMA banner can be seen THAT WAS ORIGINALLY DE- f at high school basketball games, wres- CLARED IN EXECUTIVE ORDER tling tournaments, and State cham- 13047 OF MAY 20, 1997, WITH RE- MESSAGES FROM THE HOUSE pionships. In fact, it is because of Tad’s SPECT TO BURMA—PM 48 At 10:54 a.m., a message from the dedication that the radio station is so The PRESIDING OFFICER laid be- House of Representatives, delivered by often present. Families who can’t make fore the Senate the following message Mrs. Cole, one of its reading clerks, an- the game in person, often because they from the President of the United nounced that the House has passed the are working long hours on the farm, es- States, together with an accompanying following bills, without amendment: pecially appreciate local radio hosts report; which was referred to the Com- S. 1492. An act to direct the Administrator being there because they can still mittee on Banking, Housing, and of General Services, on behalf of the Archi- vist of the United States, to convey certain catch the details of the game. Urban Affairs: In rural America, entire communities Federal property located in the State of revolve around how the high school To the Congress of the United States: Alaska to the Municipality of Anchorage, Section 202(d) of the National Emer- Alaska. sports team is doing. It is a common S. 2143. An act to provide for the authority topic of conversation while standing in gencies Act (50 U.S.C. 1622(d)) provides for the successors and assigns of the Starr- the checkout line at the grocery store for the automatic termination of a na- Camargo Bridge Company to maintain and or while dining at a neighborhood res- tional emergency unless, within 90 operate a toll bridge across the Rio Grande taurant. days prior to the anniversary date of near Rio Grande City, Texas, and for other By no means is Tad a one-trick pony, its declaration, the President publishes purposes. though. Cherished equal to his sports in the Federal Register and transmits to The message further announced that reporting are his updates from the field the Congress a notice stating that the the House has passed the following during wheat harvest season, in which emergency is to continue in effect be- bills, in which it requests the concur- Tad will drive straight up to a farmer yond the anniversary date. In accord- rence of the Senate: in his combine and record an interview ance with this provision, I have sent to H.R. 1150. An act to amend the Inter- from the cab. This is in addition to the the Federal Register for publication the national Religious Freedom Act of 1998 to full slate of city council and school enclosed notice stating that the na- improve the ability of the United States to board meetings, county fairs, and an- tional emergency with respect to advance religious freedom globally through nual parades. Burma that was declared on May 20, enhanced diplomacy, training, counterter- For years, Tad’s knowledge and 1997, is to continue in effect beyond rorism, and foreign assistance efforts, and sunny disposition has greeted folks May 20, 2016. through stronger and more flexible political responses to religious freedom violations and tuning in to local radio. One former The Government of Burma has made violent extremism worldwide, and for other peer of Tad’s said this about the sig- significant progress across a number of purposes. nificant impact he has made: ‘‘KKAN– important areas since 2011, including H.R. 1887. An act to authorize the Comp- KQMA Radio has played an integral the release of over 1,300 political pris- troller General of the United States to assess

VerDate Sep 11 2014 04:40 May 18, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.055 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2877 a study on the alternatives for the disposi- From the Committee on Education and second times by unanimous con- tion of Plum Island Animal Disease Center, and the Workforce, for consideration of sent, and referred as indicated: and for other purposes. title VII of the House amendment, and By Mr. FLAKE (for himself and Mr. H.R. 3832. An act to amend the Internal modifications committed to con- COATS): Revenue Code of 1986 to prevent tax-related S. 2935. A bill to limit the availability of identity theft and tax fraud, and for other ference: Messrs. BARLETTA, CARTER of public housing for over-income families; to purposes. Georgia, and SCOTT of Virginia. the Committee on Banking, Housing, and H.R. 4407. An act to amend the Homeland From the Committee on Veterans’ Urban Affairs. Security Act of 2002 to establish in the De- Affairs, for consideration of title III of By Mr. BLUMENTHAL: partment of Homeland Security a board to the House amendment, and modifica- S. 2936. A bill to amend the Internal Rev- coordinate and integrate departmental intel- tions committed to conference: Mr. enue Code of 1986 to protect children’s health ligence, activities, and policy related to BILIRAKIS, Mrs. WALORSKI, and Mr. by denying any deduction for advertising and counterterrorism, and for other purposes. RUIZ. marketing directed at children to promote H.R. 4743. An act to authorize the Sec- the consumption of food of poor nutritional retary of Homeland Security to work with From the Committee on Ways and quality; to the Committee on Finance. cybersecurity consortia for training, and for Means, for consideration of section 705 By Mr. CORKER: other purposes. of the Senate bill, and section 804 of S. 2937. An original bill to authorize appro- H.R. 4780. An act to require the Secretary the House amendment, and modifica- priations for the Department of State for fis- of Homeland Security to develop a com- tions committed to conference: Messrs. cal year 2017, and for other purposes; from prehensive strategy for Department of MEEHAN, DOLD, and MCDERMOTT. the Committee on Foreign Relations; placed Homeland Security operations abroad, and on the calendar. for other purposes. f By Mr. DAINES (for himself, Mr. ENZI, The message also announced that the MEASURES REFERRED and Mr. BARRASSO): House has agreed to the following con- The following bills were read the first S. 2938. A bill to direct the Secretary of the current resolution, in which it requests and the second times by unanimous Interior to reestablish the Royalty Policy the concurrence of the Senate: consent, and referred as indicated: Committee in order to further a more con- sultative process with key Federal, State, H. Con. Res. 88. Concurrent resolution re- H.R. 1150. An act to amend the Inter- tribal, environmental, and energy stake- affirming the Taiwan Relations Act and the national Religious Freedom Act of 1998 to holders, and for other purposes; to the Com- Six Assurances as cornerstones of United improve the ability of the United States to mittee on Energy and Natural Resources. States-Taiwan relations. advance religious freedom globally through By Mr. VITTER: ENROLLED BILL SIGNED enhanced diplomacy, training, counterter- S. 2939. A bill to prohibit the provision of At 12:32 p.m., a message from the rorism, and foreign assistance efforts, and Federal funds to State and local govern- House of Representatives, delivered by through stronger and more flexible political ments for payment of obligations, to pro- responses to religious freedom violations and hibit the Board of Governors of the Federal Mrs. Cole, one of its reading clerks, an- violent extremism worldwide, and for other nounced that the Speaker has signed Reserve System from financially assisting purposes; to the Committee on Foreign Rela- State and local governments, and for other the following enrolled bill: tions. purposes; to the Committee on Banking, S. 1523. An act to amend the Federal Water H.R. 3832. An act to amend the Internal Housing, and Urban Affairs. Pollution Control Act to reauthorize the Na- Revenue Code of 1986 to prevent tax-related By Mr. BOOZMAN (for himself and Mr. tional Estuary Program, and for other pur- identity theft and tax fraud, and for other CASEY): poses. purposes; to the Committee on Finance. S. 2940. A bill to amend title XVIII of the The enrolled bill was subsequently H.R. 4407. An act to amend the Homeland Social Security Act to align physician super- Security Act of 2002 to establish in the De- signed by the President pro tempore vision requirements under the Medicare pro- partment of Homeland Security a board to gram for radiology services performed by ad- (Mr. HATCH). coordinate and integrate departmental intel- vanced level radiographers with State re- ligence, activities, and policy related to At 6:04 p.m., a message from the quirements; to the Committee on Finance. counterterrorism, and for other purposes; to By Ms. AYOTTE (for herself, Mrs. House of Representatives, delivered by the Committee on Homeland Security and FEINSTEIN, Mr. RUBIO, and Ms. CANT- Mrs. Cole, one of its reading clerks, an- Governmental Affairs. WELL): nounced that the House has passed the H.R. 4743. An act to authorize the Sec- S. 2941. A bill to require a study on women following bill, with amendments, in retary of Homeland Security to work with and lung cancer, and for other purposes; to which it requests the concurrence of cybersecurity consortia for training, and for the Committee on Health, Education, Labor, the Senate: other purposes; to the Committee on Home- and Pensions. land Security and Governmental Affairs. By Mr. CORKER (for himself and Mr. S. 524. An act to authorize the Attorney H.R. 4780. An act to require the Secretary CARDIN): General to award grants to address the na- of Homeland Security to develop a com- S. 2942. A bill to extend certain privileges tional epidemics of prescription opioid abuse prehensive strategy for Department of and immunities to the Gulf Cooperation and heroin use. Homeland Security operations abroad, and Council; to the Committee on Foreign Rela- The message further announced that for other purposes; to the Committee on tions. Homeland Security and Governmental Af- the House insists upon its amendments f to the bill (S. 524) to authorize the At- fairs. torney General to award grants to ad- The following concurrent resolution SUBMISSION OF CONCURRENT AND dress the national epidemics of pre- was read, and referred as indicated: SENATE RESOLUTIONS scription opioid abuse and heroin use, H. Con. Res. 88. Concurrent resolution re- The following concurrent resolutions and asks a conference with the Senate affirming the Taiwan Relations Act and the and Senate resolutions were read, and on the disagreeing votes of the two Six Assurances as cornerstones of United referred (or acted upon), as indicated: Houses thereon; and appoints the fol- States-Taiwan relations; to the Committee By Mr. GRASSLEY (for himself, Mr. on Foreign Relations. lowing Members as managers of the LEAHY, Mr. MCCONNELL, Mr. PETERS, conference on the part of the House: f Mr. COCHRAN, Ms. HEITKAMP, Mr. For consideration of the Senate bill REPORTS OF COMMITTEES PORTMAN, Mr. KING, Ms. AYOTTE, Ms. and the House amendments, and modi- WARREN, Mr. ENZI, Mr. BROWN, Mr. The following reports of committees BURR, Mr. SCHATZ, Mr. COTTON, Ms. fications committed to conference: were submitted: HIRONO, Ms. MURKOWSKI, Mr. BOOKER, Messrs. UPTON, PITTS, LANCE, GUTHRIE, By Mr. CORKER, from the Committee on Mr. BOOZMAN, Mr. NELSON, Mr. KINZINGER of Illinois, BUCSHON, Mrs. Foreign Relations, without amendment: CRAPO, Mrs. GILLIBRAND, Mr. DAINES, BROOKS of Indiana, Messrs. GOODLATTE, S. 2937. An original bill to authorize appro- Mr. CARPER, Mr. MORAN, Mr. SENSENBRENNER, SMITH of Texas, priations for the Department of State for fis- BLUMENTHAL, Mr. TILLIS, Mrs. MUR- MARINO, COLLINS of Georgia, TROTT, cal year 2017, and for other purposes. RAY, Mr. CORNYN, Ms. KLOBUCHAR, BISHOP of Michigan, MCCARTHY, PAL- Mrs. FISCHER, Mr. WHITEHOUSE, Mr. f GARDNER, Mr. BENNET, Mrs. CAPITO, LONE, BEN RAY LUJAN of New Mexico, Mr. DONNELLY, Mr. HATCH, Mr. SARBANES, GENE GREEN of Texas, CON- INTRODUCTION OF BILLS AND JOINT RESOLUTIONS CASEY, Mr. JOHNSON, Mr. COONS, Mr. YERS, Ms. JACKSON LEE, Ms. JUDY CHU CRUZ, Mrs. FEINSTEIN, Mr. BLUNT, Mr. of California, Mr. COHEN, Ms. ESTY, Ms. The following bills and joint resolu- MANCHIN, Mr. ISAKSON, Mr. DURBIN, KUSTER, and Mr. COURTNEY. tions were introduced, read the first Mr. RUBIO, Mr. FRANKEN, Mr. WICKER,

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Mr. SCHUMER, Mr. SESSIONS, Mr. S. 2235 S. 2835 HOEVEN, Mr. GRAHAM, Mr. VITTER, At the request of Mr. MARKEY, the At the request of Mr. REED, the name Mr. MENENDEZ, Mr. LANKFORD, and name of the Senator from New Jersey of the Senator from Mississippi (Mr. Ms. COLLINS): WICKER) was added as a cosponsor of S. S. Res. 468. A resolution designating the (Mr. BOOKER) was added as a cosponsor week of May 15 through May 21, 2016, as ‘‘Na- of S. 2235, a bill to repeal debt collec- 2835, a bill to amend the National Dam tional Police Week’’; considered and agreed tion amendments made by the Bipar- Safety Program Act to establish a pro- to. tisan Budget Act of 2015. gram to provide grant assistance for f S. 2531 the rehabilitation and repair of high hazard potential dams, and for other ADDITIONAL COSPONSORS At the request of Mr. KIRK, the names of the Senator from North Caro- purposes. S. 440 lina (Mr. TILLIS) and the Senator from S. 2854 At the request of Mr. CRAPO, the Iowa (Mr. GRASSLEY) were added as co- At the request of Mr. BURR, the name of the Senator from Kansas (Mr. sponsors of S. 2531, a bill to authorize names of the Senator from Mississippi MORAN) was added as a cosponsor of S. State and local governments to divest (Mr. COCHRAN), the Senator from Illi- 440, a bill to amend the Internal Rev- from entities that engage in com- nois (Mr. KIRK), the Senator from Mis- enue Code of 1986 to provide for an ex- merce-related or investment-related sissippi (Mr. WICKER) and the Senator clusion for assistance provided to par- boycott, divestment, or sanctions ac- from Texas (Mr. CORNYN) were added as ticipants in certain veterinary student tivities targeting Israel, and for other cosponsors of S. 2854, a bill to reauthor- loan repayment or forgiveness. purposes. ize the Emmett Till Unsolved Civil S. 1212 S. 2611 Rights Crime Act of 2007. At the request of Mr. CARDIN, the S. 2870 At the request of Mr. UDALL, the name of the Senator from Iowa (Mrs. name of the Senator from Maine (Mr. At the request of Mrs. MCCASKILL, ERNST) was added as a cosponsor of S. the name of the Senator from New KING) was added as a cosponsor of S. 1212, a bill to amend the Internal Rev- 2611, a bill to amend the Federal Elec- York (Mrs. GILLIBRAND) was added as a enue Code of 1986 and the Small Busi- tion Campaign Act of 1971 to replace cosponsor of S. 2870, a bill to amend ness Act to expand the availability of the Federal Election Commission with title 10, United States Code, to prevent employee stock ownership plans in S the Federal Election Administration, retaliation in the military, and for corporations, and for other purposes. and for other purposes. other purposes. S. 1566 S. 2872 S. 2653 At the request of Mr. FRANKEN, the At the request of Mrs. CAPITO, the At the request of Mrs. MURRAY, the name of the Senator from Minnesota name of the Senator from West Vir- name of the Senator from Minnesota (Ms. KLOBUCHAR) was added as a co- ginia (Mr. MANCHIN) was added as a co- (Mr. FRANKEN) was added as a cospon- sponsor of S. 1566, a bill to amend the sponsor of S. 2872, a bill to require the sor of S. 2653, a bill to direct the Sec- Public Health Service Act to require Government Accountability Office to retary of Education to establish an group and individual health insurance submit to Congress a report on neo- award program recognizing excellence coverage and group health plans to pro- natal abstinence syndrome (NAS) in exhibited by public school system em- vide for coverage of oral anticancer the United States and its treatment ployees providing services to students drugs on terms no less favorable than under Medicaid. in prekindergarten through higher edu- the coverage provided for anticancer S. 2877 cation. medications administered by a health At the request of Mrs. CAPITO, the care provider. S. 2659 name of the Senator from New Mexico S. 1682 At the request of Mr. BURR, the name (Mr. HEINRICH) was added as a cospon- At the request of Mr. KIRK, the name of the Senator from Louisiana (Mr. sor of S. 2877, a bill to amend title 32, of the Senator from New Hampshire VITTER) was added as a cosponsor of S. United States Code, to specify the (Ms. AYOTTE) was added as a cosponsor 2659, a bill to reaffirm that the Envi- availability of certain funds provided of S. 1682, a bill to extend the Iran ronmental Protection Agency cannot by the Department of Defense to States Sanctions Act of 1996 and to require regulate vehicles used solely for com- for drug interdiction and counter-drug the Secretary of the Treasury to report petition, and for other purposes. activities. on the use by Iran of funds made avail- S. 2712 S. 2901 able through sanctions relief. At the request of Mr. BOOZMAN, the At the request of Mr. WARNER, the S. 1911 names of the Senator from Texas (Mr. name of the Senator from Florida (Mr. At the request of Ms. COLLINS, the CORNYN) and the Senator from New RUBIO) was added as a cosponsor of S. names of the Senator from Alabama Mexico (Mr. HEINRICH) were added as 2901, a bill to enhance defense and secu- (Mr. SESSIONS) and the Senator from cosponsors of S. 2712, a bill to restore rity cooperation with India, and for Oregon (Mr. WYDEN) were added as co- amounts improperly withheld for tax other purposes. sponsors of S. 1911, a bill to implement purposes from severance payments to S. 2921 policies to end preventable maternal, individuals who retired or separated At the request of Mr. ISAKSON, the newborn, and child deaths globally. from service in the Armed Forces for name of the Senator from Oregon (Mr. S. 2031 combat-related injuries, and for other WYDEN) was added as a cosponsor of S. At the request of Mr. BARRASSO, the purposes. 2921, a bill to amend title 38, United name of the Senator from Connecticut S. 2752 States Code, to improve the account- (Mr. MURPHY) was added as a cosponsor At the request of Mr. RUBIO, the ability of employees of the Department of S. 2031, a bill to reduce temporarily name of the Senator from Iowa (Mr. of Veterans Affairs, to improve health the royalty required to be paid for so- GRASSLEY) was added as a cosponsor of care and benefits for veterans, and for dium produced on Federal lands, and S. 2752, a bill to prohibit the facilita- other purposes. for other purposes. tion of certain financial transactions S. 2930 S. 2217 involving the Government of Iran or At the request of Mr. VITTER, the At the request of Mr. BLUNT, the Iranian persons and to impose sanc- name of the Senator from Florida (Mr. name of the Senator from Wyoming tions with respect to the facilitation of RUBIO) was added as a cosponsor of S. (Mr. ENZI) was added as a cosponsor of those transactions, and for other pur- 2930, a bill to ensure that Federal fund- S. 2217, a bill to amend the Federal poses. ing for the United Nations Framework Food, Drug, and Cosmetic Act to im- S. 2816 Convention on Climate Change com- prove and clarify certain disclosure re- At the request of Mr. CARPER, the plies with applicable statutory limita- quirements for restaurants and similar name of the Senator from New Jersey tions. retail food establishments, and to (Mr. BOOKER) was added as a cosponsor S. CON. RES. 36 amend the authority to bring pro- of S. 2816, a bill to reauthorize the die- At the request of Mr. NELSON, the ceedings under section 403A. sel emissions reduction program. name of the Senator from Arkansas

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Res. 36, a concurrent res- sponsors of amendment No. 3925 in- 1992 (25 U.S.C. 3501 et seq.); olution expressing support of the goal tended to be proposed to H.R. 2577, a (iii) the Indian Mineral Development Act of ensuring that all Holocaust victims bill making appropriations for the De- of 1982 (25 U.S.C. 2101 et seq.); or (iv) any other law relating to mineral de- live with dignity, comfort, and security partments of Transportation, and velopment that is specific to 1 or more In- in their remaining years, and urging Housing and Urban Development, and dian tribes. the Federal Republic of Germany to re- related agencies for the fiscal year end- (c) ESTABLISHMENT OF SUBCOMMITTEE.— affirm its commitment to that goal ing September 30, 2016, and for other (1) IN GENERAL.—The Secretary shall estab- through a financial commitment to purposes. lish a subcommittee of the Committee, to be known as the ‘‘State and Tribal Resources comprehensively address the unique f health and welfare needs of vulnerable Board’’. STATEMENTS ON INTRODUCED EMBERSHIP Holocaust victims, including home (2) M .—The Board shall be com- BILLS AND JOINT RESOLUTIONS prised of the non-Federal members of the care and other medically prescribed Committee described in subsection (b)(3). needs. By Mr. DAINES (for himself, Mr. SEC. 4. REVIEW OF REGULATIONS AND POLICIES. ENZI, and Mr. BARRASSO): S. RES. 349 (a) CONSULTATION AND REPORT.— S. 2938. A bill to direct the Secretary At the request of Mr. ROBERTS, the (1) IN GENERAL.—With respect to any pro- name of the Senator from South Da- of the Interior to reestablish the Roy- posed regulation or policy relating to min- kota (Mr. THUNE) was added as a co- alty Policy Committee in order to fur- eral leasing policy for Federal land or Indian sponsor of S. Res. 349, a resolution con- ther a more consultative process with land for exploration, development, or pro- gratulating the Farm Credit System on key Federal, State, tribal, environ- duction of oil, gas, or coal (including valu- the celebration of its 100th anniver- mental, and energy stakeholders, and ation methodologies and royalty and lease for other purposes; to the Committee rates for oil, gas, or coal), not later than 180 sary. days after the applicable date described in S. RES. 466 on Energy and Natural Resources. Mr. DAINES. Mr. President, I ask paragraph (2), the Committee shall— At the request of Mr. GRASSLEY, the (A) assess the proposed regulation or pol- names of the Senator from Missouri unanimous consent that the text of the icy; and bill be printed in the RECORD. (Mr. BLUNT) and the Senator from Or- (B) issue a report that describes the poten- There being no objection, the text of egon (Mr. WYDEN) were added as co- tial impact of the proposed regulation or pol- sponsors of S. Res. 466, a resolution rec- the bill was ordered to be printed in icy, including any State and tribal budg- etary and economic impacts described in ognizing National Foster Care Month the RECORD, as follows: S. 2938 subsection (b). as an opportunity to raise awareness (2) DATE DESCRIBED.—The date referred to Be it enacted by the Senate and House of Rep- about the challenges of children in the in paragraph (1) is, as applicable— resentatives of the United States of America in foster-care system, and encouraging (A) with respect to a proposed regulation Congress assembled, Congress to implement policy to im- or policy issued on or after the date of enact- prove the lives of children in the fos- SECTION 1. SHORT TITLE. ment of this Act, the date of the issuance by This Act may be cited as the ‘‘Certainty ter-care system. the Secretary of the proposed regulation or for States and Tribes Act’’. policy; and AMENDMENT NO. 3897 SEC. 2. DEFINITIONS. (B) with respect to a proposed regulation At the request of Mr. LEE, the name In this Act: or policy that is pending as of the date of en- of the Senator from Alabama (Mr. SES- (1) COMMITTEE.—The term ‘‘Committee’’ actment of this Act, the date of the enact- SIONS) was added as a cosponsor of means the Royalty Policy Committee rees- ment of this Act. amendment No. 3897 proposed to H.R. tablished under section 3(a). (b) STATE AND TRIBAL IMPACT DETERMINA- 2577, a bill making appropriations for (2) BOARD.—The term ‘‘Board’’ means the TION.— the Departments of Transportation, State and Tribal Resources Board estab- (1) IN GENERAL.—To the maximum extent and Housing and Urban Development, lished under section 3(c). practicable, before any proposed regulation (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ described in subsection (a)(1) is issued as a and related agencies for the fiscal year has the meaning given the term in section 4 final rule, the Board shall publish a deter- ending September 30, 2016, and for of the Indian Self-Determination and Edu- mination of the impact of the regulation on other purposes. cation Assistance Act (25 U.S.C. 450b). school funding, public safety, and other es- AMENDMENT NO. 3916 (4) SECRETARY.—The term ‘‘Secretary’’ sential State or Indian tribal government At the request of Ms. AYOTTE, the means the Secretary of the Interior. services. name of the Senator from New Hamp- SEC. 3. RECONSTITUTION OF THE ROYALTY POL- (2) DELAY REQUEST.—If the Board deter- ICY. shire (Mrs. SHAHEEN) was added as a co- mines that a regulation described in para- sponsor of amendment No. 3916 in- (a) IN GENERAL.—Not later than 90 days graph (1) will have a negative State or tribal after the date of enactment of this Act, the budgetary or economic impact, the Board tended to be proposed to H.R. 2577, a Secretary shall reestablish the Royalty Pol- may request a delay in the issuance of the bill making appropriations for the De- icy Committee in accordance with the char- proposed regulation as a final rule for the partments of Transportation, and ter of the Secretary dated March 26, 2010, ex- purposes of further— Housing and Urban Development, and cept as otherwise provided in this Act. (A) stakeholder consultation; related agencies for the fiscal year end- (b) CORRECTIONS AND UPDATES.—In reestab- (B) budgetary review; and ing September 30, 2016, and for other lishing the Committee, the Secretary shall (C) development of a proposal to mitigate purposes. make appropriate technical corrections and the negative budgetary or economic impact. updates to the charter of the Committee, in- (3) LIMITATION.—A delay under paragraph AMENDMENT NO. 3922 cluding by revising— (2) shall not exceed a 180-day period begin- At the request of Mrs. FEINSTEIN, the (1) all references to the Minerals Manage- ning on the date on which the Board re- names of the Senator from New Jersey ment Service or the Minerals Revenue Man- quested the delay. (Mr. MENENDEZ), the Senator from agement so as to refer to the Office of Nat- (c) REVISION OF PROPOSED REGULATION.— Massachusetts (Mr. MARKEY) and the ural Resources Revenue; (1) IN GENERAL.—Before any proposed regu- Senator from Vermont (Mr. SANDERS) (2) the estimated number and frequency of lation described in subsection (a)(1) may be were added as cosponsors of amend- meetings of the Committee so that the Com- issued as a final rule, the Secretary shall ment No. 3922 proposed to H.R. 2577, a mittee shall meet not less frequently than take into account any negative State or trib- once each year; and al budgetary or economic impact determined bill making appropriations for the De- (3) the non-Federal membership of the by the Committee under subsection (a)(1) partments of Transportation, and Committee to include— and revise the proposed regulation to avoid Housing and Urban Development, and (A) not fewer than 5 members representing the negative impact. related agencies for the fiscal year end- Governors of States that receive more than (2) FINAL RULE.—Any final regulation sub- ing September 30, 2016, and for other $10,000,000 annually in royalty revenues from ject to paragraph (1) shall include— purposes. Federal leases; and (A) a summary of the report required under (B) not more than 5 members representing subsection (a)(1)(B); and AMENDMENT NO. 3925 Indian tribes that are mineral-producing In- (B) a clear explanation of why the rec- At the request of Mr. GRASSLEY, the dian tribes under— ommendations of that report (including the names of the Senator from Kentucky (i) the Act of May 11, 1938 (commonly State and tribal determination under sub- (Mr. PAUL), the Senator from Idaho known as the ‘‘Indian Mineral Leasing Act of section (b)(1)) were or were not taken into (Mr. CRAPO) and the Senator from Mis- 1938’’) (25 U.S.C. 396a et seq.); account in the finalization of the regulation.

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(d) REPORT TO CONGRESS.—The Secretary required under section 102 of the National of their own personal safety, and remain res- shall submit to the Chairmen and Ranking Environmental Policy Act of 1969 (42 U.S.C. olute in responding to calls for help despite Members of the Committee on Energy and 4332) for an application for a coal lease, or an their badges, at times, serving as a target for Natural Resources and the Committee on In- application for a modification to a coal lease senseless acts of violence; dian Affairs of the Senate and the Com- pursuant to subpart 3432 of part 3430 of title Whereas the vigilance, compassion, and de- mittee on Natural Resources of the House of 43, Code of Federal Regulations (or successor cency of law enforcement officers are the Representatives a report regarding the ex- regulations), accepted by the Secretary, the best defense of society against individuals planation under subsection (c)(2)(B) of why Secretary shall conduct the lease sale and who prowl communities seeking to do harm; the recommendations of the report under issue the lease, or approve the modification, Whereas Peace Officers Memorial Day, subsection (a)(1)(B) (including the State and unless the applicant indicates in writing 2016, honors 123 law enforcement officers re- tribal determination under subsection (b)(1)) that the applicant no longer seeks the lease cently killed in the line of duty, including were or were not taken into account in the or modification to the lease. Joseph James Abdella, Gregory Thomas finalization of the regulation. f Alia, Darrell Lamond Allen, Adrian SEC. 5. SPECIAL REVIEW OF PROGRAMMATIC EN- Arellano, James Matthew Bava, Gregg An- VIRONMENTAL IMPACT STATEMENT. SUBMITTED RESOLUTIONS thony Benner, James Arthur Bennett, Jr., (a) PARTICIPANTS IN PROGRAMMATIC RE- Sean Michael Bolton, Louis Michael VIEW.— Bonacasa, Robert James Bowling, Michael (1) IN GENERAL.—In carrying out the pro- Alan Brandle, Vernell Brown, Jr., Stacey grammatic review of coal leasing on Federal SENATE RESOLUTION 468—DESIG- Lynn Case, Trevor John Casper, Craig An- land as described in section 4 of Secretarial NATING THE WEEK OF MAY 15 thony Chandler, Eric Keith Chrisman, Mi- Order 3338, issued by the Secretary on Janu- THROUGH MAY 21, 2016, AS ‘‘NA- chael Anthony Cinco, Neville S. K. Colburn, ary 15, 2016, and entitled ‘‘Discretionary Pro- TIONAL POLICE WEEK’’ David Lee Colley, Rodney Condall, Ryan P. grammatic Environmental Impact State- Mr. GRASSLEY (for himself, Mr. Copeland, Gil C. Datan, Christopher A. ment to Modernize the Federal Coal Pro- Davis, Timothy A. Davison, Benjamin Jo- gram’’, the Secretary shall confer with, and LEAHY, Mr. MCCONNELL, Mr. PETERS, seph Deen, Nicholas Glenn Dees, Diane take into consideration the views of, rep- Mr. COCHRAN, Ms. HEITKAMP, Mr. Digiacomo, Daniel Neil Ellis, Eric Alan resentatives appointed to the review board PORTMAN, Mr. KING, Ms. AYOTTE, Ms. Eslary, Jared J. Forsyth, Carlos Diamond described in paragraph (2). WARREN, Mr. ENZI, Mr. BROWN, Mr. Francies, Donald R. Fredenburg, Jr., Ricardo (2) REVIEW BOARD.—Each Governor of a BURR, Mr. SCHATZ, Mr. COTTON, Ms. Galvez, Eligio Ruiz Garcia, Jr., Johnny Ed- State in which more than $10,000,000 in rev- HIRONO, Ms. MURKOWSKI, Mr. BOOKER, ward Gatson, Juandre Devon Gilliam, Sr., enue is collected annually by the United Mr. BOOZMAN, Mr. NELSON, Mr. CRAPO, Darren H. Goforth, John Ballard Gorman, States as bonus bids, royalties, and rentals, Mrs. GILLIBRAND, Mr. DAINES, Mr. CAR- Terence Avery Green, Arthur Adolph Green, and fees for production of coal under leases III, Richard Allen Hall, Bryce Edward Hanes, of Federal land, may appoint not more than PER, Mr. MORAN, Mr. BLUMENTHAL, Mr. Brent L. Hanger, Steven Brett Hawkins, 3 representatives to a review board to carry TILLIS, Mrs. MURRAY, Mr. CORNYN, Ms. Rosario Herna´ ndez de Hoyos, Randolph A. out the programmatic review described in KLOBUCHAR, Mrs. FISCHER, Mr. WHITE- Holder, Daryle S. Holloway, Carl G. Howell, paragraph (1), not fewer than 1 of whom shall HOUSE, Mr. GARDNER, Mr. BENNET, Mrs. Michael Jeremiah Johnson, Tronoski Dontel be a member of the Board. CAPITO, Mr. DONNELLY, Mr. HATCH, Mr. Jones, Jaimie Lynn Jursevics, William Karl (3) DEADLINE.— CASEY, Mr. JOHNSON, Mr. COONS, Mr. Keesee, Christopher Dan Kelley, Korby Lee (A) IN GENERAL.—The Secretary shall com- CRUZ, Mrs. FEINSTEIN, Mr. BLUNT, Mr. Kennedy, Sonny Lee Kim, Paul John plete the programmatic review described in MANCHIN, Mr. ISAKSON, Mr. DURBIN, Mr. Koropal, Thomas Joseph LaValley, Joseph G. paragraph (1) not later than January 15, 2019. Lemm, Noah Aaron Leotta, Anthony E. (B) FAILURE TO MEET DEADLINE.—If the pro- RUBIO, Mr. FRANKEN, Mr. WICKER, Mr. Lossiah, Scott Paul Lunger, Dwight Darren grammatic review is not completed by the SCHUMER, Mr. SESSIONS, Mr. HOEVEN, Maness, Richard K. Martin, Chester J. deadline described in subparagraph (A), the Mr. GRAHAM, Mr. VITTER, Mr. MENEN- McBride, III, Eli M. McCarson, James Bryan programmatic review shall be considered to DEZ, Mr. LANKFORD, and Ms. COLLINS) McCrystal, Sr., John P. McKee, Roy D. be complete as of that deadline. submitted the following resolution; McLaughlin, Eric O. Meier, Gregory Dale (b) TERMINATION OF OTHER PROGRAMMATIC which was considered and agreed to: REVIEW.—Beginning on January 16, 2019, no Mitchell, Charles Kerry Mitchum, Brian Federal funds may be used to carry out the S. RES. 468 Raymond Moore, Gregory King Moore, Wil- programmatic review described in subsection Whereas, in 1962, John Fitzgerald Kennedy liam J. Myers, David Joseph Nelson, Henry (a)(1). signed the Joint Resolution entitled ‘‘Joint Andres Nelson, Ladson Lamar O’Connor, (c) NO IMPLEMENTATION REQUIREMENT.— Resolution to authorize the President to pro- Roger Monroe Odell, Kerrie Sue Orozco, Nothing in this section requires the Sec- claim May 15 of each year as Peace Officers Miguel Joseph Perez-Rios, Joseph Cameron retary to conduct or complete the pro- Memorial Day and the calendar week of each Ponder, Brennan Roger Rabain, Jeffrey grammatic review or keep in effect the pause year during which such May 15 occurs as Po- Emmons Radford, Anthony A. Raspa, Lloyd or moratorium on the issuance of new Fed- lice Week’’ (36 U.S.C. 136); E. Reed, Jr., Sean Patrick Renfro, Burke eral coal leases under the Secretarial order Whereas Federal, State, local, and tribal Jevon Rhoads, Frank Roma´ n-Rodrı´guez, Elsa described in subsection (a)(1) after January police officers, sheriffs, and other law en- L. Rosa-Ortiz, Steven Martin Sandberg, Wil- 20, 2017. forcement officers across the United States liam C. Sheldon, Rick Lee Silva, Sonny (d) TERMINATION OF MORATORIUM.—Effec- serve with valor, dignity and integrity; Allan Smith, Iris Janett Smith, Nathan-Mi- tive January 16, 2019— Whereas law enforcement officers are chael William Smith, William Matthew Sol- (1) the pause or moratorium on the charged with pursuing justice for all individ- omon, Luz M. Soto-Segarra, Michael Lynn issuance of new Federal coal leases under the uals and performing their duties with fidel- Starrett, John Scott Stevens, Garrett Pres- Secretarial order referred to in subsection ity to the constitutional and civil rights of ton Russell Swasey, Liquori Terja Tate, (a)(1) is terminated; and the individuals that the law enforcement of- Peter Wagner Taub, Scott R. Thompson, (2) that Secretarial order shall have no ficers serve; Taylor Joseph Thyfault, Kevin Jermaine force or effect. Whereas, in 2016, the Senate solemnly com- Toatley, Zacarias Toro, Jr., Clifford Scott SEC. 6. GRANDFATHERING OF COAL LEASES ON memorates the 25th anniversary of the Na- Travis, Nathan John Van Oort, Sr., Peggy APPLICATION AND COAL LEASE tional Law Enforcement Officers Memorial, Marie Vassallo, Rosemary Vela, Steven J. MODIFICATIONS. a national monument that pays homage to Vincent, Adrianna Maria Vorderbruggen, Nothing in Secretarial Order 3338, issued Darryl Deon Wallace, James Marvin Wallen, by the Secretary on January 15, 2016, and en- the more than 20,000 law enforcement heroes who made the ultimate sacrifice for the safe- Jr., Daniel Scott Webster, Josie Lamar titled ‘‘Discretionary Programmatic Envi- Wells, Craig Stephen Whisenand, John James ronmental Impact Statement to Modernize ty and protection of the United States and its people; Wilding, Robert Francis Wilson, III, Chad H. the Federal Coal Program’’ shall be consid- Wolf, Richard Glenn Woods, Alex K. Yazzie, ered to prohibit or restrict any issuance of a Whereas, in 2016, on the 15th anniversary of and Kyle David Young; and coal lease on application, or modification to the September 11th terrorist attacks against Whereas 35 law enforcement officers across a coal lease on application pursuant to sub- the United States, the Senate honors the the United States have made the ultimate part 3432 of part 3430 of title 43, Code of Fed- memory of those who perished, including the sacrifice during the first 4 months of 2016: eral Regulations (or successor regulations), 72 law enforcement officers who were lost on for which the Bureau of Land Management that fateful day, and recognizes the tireless Now, therefore, be it has begun a review under section 102 of the efforts of the law enforcement community to Resolved, That the Senate— National Environmental Policy Act of 1969 protect the citizenry and homeland through (1) designates the week of May 15 through (42 U.S.C. 4332) as of January 15, 2016. diligent investigations that disrupt terrorist May 21, 2016, as ‘‘National Police Week’’; SEC. 7. DEADLINE FOR COAL LEASE SALES AND plots, stem the flow of financing to terrorist (2) expresses strong support for law en- MODIFICATIONS. networks, and bring evildoers to justice; forcement officers across the United States Not later than 1 year after the date on Whereas law enforcement officers selflessly for their efforts to build safer and more se- which the Secretary completes the analysis serve their neighborhoods, often at the risk cure communities;

VerDate Sep 11 2014 04:40 May 18, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.021 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2881 (3) recognizes the need to ensure that law SA 3940. Mr. MANCHIN submitted an mitted an amendment intended to be pro- enforcement officers have the equipment, amendment intended to be proposed to posed to amendment SA 3896 proposed by Ms. training, and resources necessary to protect amendment SA 3896 proposed by Ms. COLLINS COLLINS (for herself, Mr. KIRK, Mr. REED, and their health and safety while the law en- (for herself, Mr. KIRK, Mr. REED, and Mr. Mr. TESTER) to the bill H.R. 2577, supra. forcement officers are protecting the public; TESTER) to the bill H.R. 2577, supra; which SA 3955. Mr. LANKFORD (for himself and (4) recognizes the members of the law en- was ordered to lie on the table. Mr. LEE) submitted an amendment intended forcement community for their selfless acts SA 3941. Mr. BOOKER submitted an to be proposed to amendment SA 3900 pro- of bravery; amendment intended to be proposed to posed by Mr. MCCONNELL (for Mr. BLUNT (for (5) acknowledges that police officers and amendment SA 3896 proposed by Ms. COLLINS himself, Mr. GRAHAM, Mr. COCHRAN, Mrs. other law enforcement officers who have (for herself, Mr. KIRK, Mr. REED, and Mr. MURRAY, and Mr. LEAHY)) to the amendment made the ultimate sacrifice should be re- TESTER) to the bill H.R. 2577, supra. SA 3896 proposed by Ms. COLLINS (for herself, membered and honored; and SA 3942. Mr. PERDUE submitted an Mr. KIRK, Mr. REED, and Mr. TESTER) to the (6) encourages the people of the United amendment intended to be proposed to bill H.R. 2577, supra; which was ordered to lie States to observe National Police Week with amendment SA 3896 proposed by Ms. COLLINS on the table. appropriate ceremonies and activities that (for herself, Mr. KIRK, Mr. REED, and Mr. SA 3956. Mr. DURBIN (for himself, Mr. promote awareness of the vital role of law TESTER) to the bill H.R. 2577, supra; which BLUMENTHAL, Mr. BROWN, Mr. MURPHY, Mrs. enforcement officers in building safer and was ordered to lie on the table. MURRAY, Mr. REED, Ms. WARREN, Mr. CAR- more secure communities across the United SA 3943. Mr. PERDUE submitted an PER, Mr. FRANKEN, and Ms. BALDWIN) sub- States. amendment intended to be proposed to mitted an amendment intended to be pro- amendment SA 3896 proposed by Ms. COLLINS posed to amendment SA 3896 proposed by Ms. f (for herself, Mr. KIRK, Mr. REED, and Mr. COLLINS (for herself, Mr. KIRK, Mr. REED, and AMENDMENTS SUBMITTED AND TESTER) to the bill H.R. 2577, supra; which Mr. TESTER) to the bill H.R. 2577, supra; PROPOSED was ordered to lie on the table. which was ordered to lie on the table. SA 3944. Mrs. FEINSTEIN submitted an SA 3957. Mr. LEE submitted an amendment SA 3930. Mr. MCCAIN (for himself and Mr. amendment intended to be proposed to intended to be proposed to amendment SA FLAKE) submitted an amendment intended to amendment SA 3896 proposed by Ms. COLLINS 3900 proposed by Mr. MCCONNELL (for Mr. be proposed to amendment SA 3896 proposed (for herself, Mr. KIRK, Mr. REED, and Mr. BLUNT (for himself, Mr. GRAHAM, Mr. COCH- by Ms. COLLINS (for herself, Mr. KIRK, Mr. TESTER) to the bill H.R. 2577, supra; which RAN, Mrs. MURRAY, and Mr. LEAHY)) to the REED, and Mr. TESTER) to the bill H.R. 2577, was ordered to lie on the table. amendment SA 3896 proposed by Ms. COLLINS making appropriations for the Departments SA 3945. Mr. CORNYN (for himself and Mr. (for herself, Mr. KIRK, Mr. REED, and Mr. of Transportation, and Housing and Urban SCHUMER) proposed an amendment to the bill TESTER) to the bill H.R. 2577, supra; which Development, and related agencies for the S. 2040, to deter terrorism, provide justice for was ordered to lie on the table. fiscal year ending September 30, 2016, and for victims, and for other purposes. SA 3958. Mr. LEE (for himself and Mr. other purposes; which was ordered to lie on SA 3946. Mr. BLUNT submitted an amend- PAUL) submitted an amendment intended to the table. ment intended to be proposed to amendment be proposed to amendment SA 3900 proposed SA 3931. Ms. COLLINS (for herself and Mr. SA 3900 proposed by Mr. MCCONNELL (for Mr. by Mr. MCCONNELL (for Mr. BLUNT (for him- KING) submitted an amendment intended to BLUNT (for himself, Mr. GRAHAM, Mr. COCH- be proposed to amendment SA 3896 proposed self, Mr. GRAHAM, Mr . COCHRAN, Mrs. MUR- RAN, Mrs. MURRAY, and Mr. LEAHY)) to the RAY, and Mr. LEAHY)) to the amendment SA by Ms. COLLINS (for herself, Mr. KIRK, Mr. amendment SA 3896 proposed by Ms. COLLINS 3896 proposed by Ms. COLLINS (for herself, Mr. REED, and Mr. TESTER) to the bill H.R. 2577, (for herself, Mr. KIRK, Mr. REED, and Mr. supra; which was ordered to lie on the table. KIRK, Mr. REED, and Mr. TESTER) to the bill SA 3932. Mr. KIRK submitted an amend- TESTER) to the bill H.R. 2577, making appro- H.R. 2577, supra; which was ordered to lie on ment intended to be proposed to amendment priations for the Departments of Transpor- the table. SA 3896 proposed by Ms. COLLINS (for herself, tation, and Housing and Urban Development, SA 3959. Mrs. SHAHEEN (for herself, Mr. Mr. KIRK, Mr. REED, and Mr. TESTER) to the and related agencies for the fiscal year end- KING, Ms. BALDWIN, Mr. MANCHIN, and Ms. bill H.R. 2577, supra; which was ordered to lie ing September 30, 2016, and for other pur- AYOTTE) submitted an amendment intended on the table. poses. to be proposed to amendment SA 3896 pro- SA 3933. Mr. PERDUE submitted an SA 3947. Mr. HELLER submitted an posed by Ms. COLLINS (for herself, Mr. KIRK, amendment intended to be proposed to amendment intended to be proposed to Mr. REED, and Mr. TESTER) to the bill H.R. amendment SA 3896 proposed by Ms. COLLINS amendment SA 3896 proposed by Ms. COLLINS 2577, supra; which was ordered to lie on the (for herself, Mr. KIRK, Mr. REED, and Mr. (for herself, Mr. KIRK, Mr. REED, and Mr. table. TESTER) to the bill H.R. 2577, supra; which TESTER) to the bill H.R. 2577, supra; which SA 3960. Mr. PETERS (for himself and Ms. was ordered to lie on the table. was ordered to lie on the table. STABENOW) submitted an amendment in- SA 3934. Mr. KING (for himself, Mr. COONS, SA 3948. Mr. HELLER submitted an tended to be proposed to amendment SA 3900 and Mr. PORTMAN) submitted an amendment amendment intended to be proposed to proposed by Mr. MCCONNELL (for Mr. BLUNT intended to be proposed to amendment SA amendment SA 3896 proposed by Ms. COLLINS (for himself, Mr. GRAHAM, Mr. COCHRAN, Mrs. 3896 proposed by Ms. COLLINS (for herself, Mr. (for herself, Mr. KIRK, Mr. REED, and Mr. MURRAY, and Mr. LEAHY)) to the amendment KIRK, Mr. REED, and Mr. TESTER) to the bill TESTER) to the bill H.R. 2577, supra. SA 3896 proposed by Ms. COLLINS (for herself, H.R. 2577, supra. SA 3949. Mr. HELLER submitted an Mr. KIRK, Mr. REED, and Mr. TESTER) to the SA 3935. Mrs. BOXER submitted an amend- amendment intended to be proposed to bill H.R. 2577, supra; which was ordered to lie ment intended to be proposed to amendment amendment SA 3896 proposed by Ms. COLLINS on the table. SA 3896 proposed by Ms. COLLINS (for herself, (for herself, Mr. KIRK, Mr. REED, and Mr. SA 3961. Mr. MANCHIN submitted an Mr. KIRK, Mr. REED, and Mr. TESTER) to the TESTER) to the bill H.R. 2577, supra; which amendment intended to be proposed to bill H.R. 2577, supra; which was ordered to lie was ordered to lie on the table. amendment SA 3896 proposed by Ms. COLLINS on the table. SA 3950. Mr. HELLER submitted an (for herself, Mr. KIRK, Mr. REED, and Mr. SA 3936. Mr. WYDEN submitted an amend- amendment intended to be proposed to TESTER) to the bill H.R. 2577, supra. ment intended to be proposed to amendment amendment SA 3896 proposed by Ms. COLLINS SA 3962. Mr. HOEVEN submitted an SA 3896 proposed by Ms. COLLINS (for herself, (for herself, Mr. KIRK, Mr. REED, and Mr. amendment intended to be proposed to Mr. KIRK, Mr. REED, and Mr. TESTER) to the TESTER) to the bill H.R. 2577, supra; which amendment SA 3896 proposed by Ms. COLLINS bill H.R. 2577, supra; which was ordered to lie was ordered to lie on the table. (for herself, Mr. KIRK, Mr. REED, and Mr. on the table. SA 3951. Mr. HELLER submitted an TESTER) to the bill H.R. 2577, supra; which SA 3937. Mr. WYDEN submitted an amend- amendment intended to be proposed to was ordered to lie on the table. ment intended to be proposed to amendment amendment SA 3896 proposed by Ms. COLLINS SA 3963. Mr. GARDNER submitted an SA 3896 proposed by Ms. COLLINS (for herself, (for herself, Mr. KIRK, Mr. REED, and Mr. amendment intended to be proposed to Mr. KIRK, Mr. REED, and Mr. TESTER) to the TESTER) to the bill H.R. 2577, supra; which amendment SA 3896 proposed by Ms. COLLINS bill H.R. 2577, supra; which was ordered to lie was ordered to lie on the table. (for herself, Mr. KIRK, Mr. REED, and Mr. on the table. SA 3952. Mr. BENNET submitted an TESTER) to the bill H.R. 2577, supra; which SA 3938. Mr. KIRK (for himself and Mr. amendment intended to be proposed to was ordered to lie on the table. TESTER) submitted an amendment intended amendment SA 3896 proposed by Ms. COLLINS SA 3964. Mr. BARRASSO submitted an to be proposed to amendment SA 3896 pro- (for herself, Mr. KIRK, Mr. REED, and Mr. amendment intended to be proposed to posed by Ms. COLLINS (for herself, Mr. KIRK, TESTER) to the bill H.R. 2577, supra; which amendment SA 3896 proposed by Ms. COLLINS Mr. REED, and Mr. TESTER) to the bill H.R. was ordered to lie on the table. (for herself, Mr. KIRK, Mr. REED, and Mr. 2577, supra. SA 3953. Mrs. GILLIBRAND (for herself, TESTER) to the bill H.R. 2577, supra; which SA 3939. Mr. CASEY submitted an amend- Mr. BOOKER, and Mrs. BOXER) submitted an was ordered to lie on the table. ment intended to be proposed to amendment amendment intended to be proposed by her SA 3965. Mr. INHOFE (for himself and Mr. SA 3896 proposed by Ms. COLLINS (for herself, to the bill H.R. 2577, supra; which was or- LANKFORD) submitted an amendment in- Mr. KIRK, Mr. REED, and Mr. TESTER) to the dered to lie on the table. tended to be proposed to amendment SA 3896 bill H.R. 2577, supra; which was ordered to lie SA 3954. Ms. HEITKAMP (for herself, Ms. proposed by Ms. COLLINS (for herself, Mr. on the table. COLLINS, Mr. KING, and Ms. MURKOWSKI) sub- KIRK, Mr. REED, and Mr. TESTER) to the bill

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H.R. 2577, supra; which was ordered to lie on 2577, supra; which was ordered to lie on the TESTER) to the bill H.R. 2577, supra; which the table. table. was ordered to lie on the table. SA 3966. Mr. DAINES submitted an amend- SA 3981. Mr. FLAKE (for himself, Mr. SA 3994. Mr. JOHNSON submitted an ment intended to be proposed to amendment TOOMEY, Mr. COATS, and Mr. PAUL) sub- amendment intended to be proposed to SA 3896 proposed by Ms. COLLINS (for herself, mitted an amendment intended to be pro- amendment SA 3896 proposed by Ms. COLLINS Mr. KIRK, Mr. REED, and Mr. TESTER) to the posed to amendment SA 3896 proposed by Ms. (for herself, Mr. KIRK, Mr. REED, and Mr. bill H.R. 2577, supra; which was ordered to lie COLLINS (for herself, Mr. KIRK, Mr. REED, and TESTER) to the bill H.R. 2577, supra; which on the table. Mr. TESTER) to the bill H.R. 2577, supra; was ordered to lie on the table. SA 3967. Mr. PAUL submitted an amend- which was ordered to lie on the table. SA 3995. Mr. JOHNSON submitted an ment intended to be proposed to amendment SA 3982. Mr. FLAKE submitted an amend- amendment intended to be proposed to SA 3896 proposed by Ms. COLLINS (for herself, ment intended to be proposed to amendment amendment SA 3896 proposed by Ms. COLLINS Mr. KIRK, Mr. REED, and Mr. TESTER) to the SA 3896 proposed by Ms. COLLINS (for herself, (for herself, Mr. KIRK, Mr. REED, and Mr. bill H.R. 2577, supra; which was ordered to lie Mr. KIRK, Mr. REED, and Mr. TESTER) to the TESTER) to the bill H.R. 2577, supra; which on the table. bill H.R. 2577, supra; which was ordered to lie was ordered to lie on the table. SA 3968. Mr. PAUL submitted an amend- on the table. SA 3996. Mr. VITTER submitted an amend- ment intended to be proposed to amendment SA 3983. Mr. FLAKE submitted an amend- ment intended to be proposed to amendment SA 3896 proposed by Ms. COLLINS (for herself, ment intended to be proposed to amendment SA 3896 proposed by Ms. COLLINS (for herself, Mr. KIRK, Mr. REED, and Mr. TESTER) to the SA 3896 proposed by Ms. COLLINS (for herself, Mr. KIRK, Mr. REED, and Mr. TESTER) to the bill H.R. 2577, supra; which was ordered to lie Mr. KIRK, Mr. REED, and Mr. TESTER) to the bill H.R. 2577, supra; which was ordered to lie on the table. bill H.R. 2577, supra; which was ordered to lie on the table. SA 3969. Mr. INHOFE (for himself and Mr. on the table. SA 3997. Mr. KIRK submitted an amend- LANKFORD) submitted an amendment in- SA 3984. Mr. FLAKE submitted an amend- ment intended to be proposed to amendment tended to be proposed to amendment SA 3896 ment intended to be proposed to amendment SA 3896 proposed by Ms. COLLINS (for herself, proposed by Ms. COLLINS (for herself, Mr. SA 3896 proposed by Ms. COLLINS (for herself, Mr. KIRK, Mr. REED, and Mr. TESTER) to the KIRK, Mr. REED, and Mr. TESTER) to the bill Mr. KIRK, Mr. REED, and Mr. TESTER) to the bill H.R. 2577, supra; which was ordered to lie H.R. 2577, supra; which was ordered to lie on bill H.R. 2577, supra; which was ordered to lie on the table. the table. on the table. SA 3998. Mr. TESTER (for himself and Mr. SA 3970. Ms. COLLINS (for herself and Mr. SA 3985. Mr. RUBIO submitted an amend- MORAN) submitted an amendment intended REED) submitted an amendment intended to ment intended to be proposed to amendment to be proposed to amendment SA 3896 pro- be proposed to amendment SA 3896 proposed SA 3896 proposed by Ms. COLLINS (for herself, posed by Ms. COLLINS (for herself, Mr. KIRK, by Ms. COLLINS (for herself, Mr. KIRK, Mr. Mr. KIRK, Mr. REED, and Mr. TESTER) to the Mr. REED, and Mr. TESTER) to the bill H.R. REED, and Mr. TESTER) to the bill H.R. 2577, bill H.R. 2577, supra; which was ordered to lie 2577, supra; which was ordered to lie on the supra; which was ordered to lie on the table. on the table. table. SA 3971. Mr. BENNET submitted an SA 3986. Mr. RUBIO submitted an amend- SA 3999. Mrs. ERNST submitted an amend- amendment intended to be proposed to ment intended to be proposed to amendment ment intended to be proposed to amendment SA 3896 proposed by Ms. COLLINS (for herself, amendment SA 3896 proposed by Ms. COLLINS SA 3896 proposed by Ms. COLLINS (for herself, Mr. KIRK, Mr. REED, and Mr. TESTER) to the (for herself, Mr. KIRK, Mr. REED, and Mr. Mr. KIRK, Mr. REED, and Mr. TESTER) to the TESTER) to the bill H.R. 2577, supra. bill H.R. 2577, supra; which was ordered to lie bill H.R. 2577, supra; which was ordered to lie SA 3972. Mr. DURBIN (for himself and Ms. on the table. on the table. SA 3987. Mr. MENENDEZ submitted an WARREN) submitted an amendment intended SA 4000. Mrs. ERNST submitted an amend- amendment intended to be proposed by him to be proposed to amendment SA 3896 pro- ment intended to be proposed to amendment to the bill S. 2806, making appropriations for posed by Ms. COLLINS (for herself, Mr. KIRK, SA 3896 proposed by Ms. COLLINS (for herself, military construction, the Department of Mr. REED, and Mr. TESTER) to the bill H.R. Mr. KIRK, Mr. REED, and Mr. TESTER) to the 2577, supra; which was ordered to lie on the Veterans Affairs, and related agencies for bill H.R. 2577, supra; which was ordered to lie table. the fiscal year ending September 30, 2017, and on the table. SA 3973. Mr. VITTER submitted an amend- for other purposes.; which was ordered to lie SA 4001. Mrs. ERNST submitted an amend- ment intended to be proposed to amendment on the table. ment intended to be proposed to amendment SA 3896 proposed by Ms. COLLINS (for herself, SA 3988. Mr. MENENDEZ (for himself, Mr. SA 3896 proposed by Ms. COLLINS (for herself, Mr. KIRK, Mr. REED, and Mr. TESTER) to the SANDERS, and Mr. BROWN) submitted an Mr. KIRK, Mr. REED, and Mr. TESTER) to the amendment intended to be proposed to bill H.R. 2577, supra; which was ordered to lie bill H.R. 2577, supra; which was ordered to lie amendment SA 3896 proposed by Ms. COLLINS on the table. on the table. SA 3974. Mr. VITTER submitted an amend- (for herself, Mr. KIRK, Mr. REED, and Mr. SA 4002. Mr. BLUMENTHAL (for himself, ment intended to be proposed to amendment TESTER) to the bill H.R. 2577, making appro- Mr. MARKEY, and Mr. BOOKER) submitted an SA 3896 proposed by Ms. COLLINS (for herself, priations for the Departments of Transpor- amendment intended to be proposed to Mr. KIRK, Mr. REED, and Mr. TESTER) to the tation, and Housing and Urban Development, amendment SA 3896 proposed by Ms. COLLINS bill H.R. 2577, supra; which was ordered to lie and related agencies for the fiscal year end- (for herself, Mr. KIRK, Mr. REED, and Mr. on the table. ing September 30, 2016, and for other pur- TESTER) to the bill H.R. 2577, supra; which SA 3975. Mr. FLAKE (for himself and Mr. poses; which was ordered to lie on the table. was ordered to lie on the table. RUBIO) submitted an amendment intended to SA 3989. Mr. MENENDEZ (for himself, Mr. SA 4003. Ms. COLLINS (for Mr. SULLIVAN be proposed by him to the bill H.R. 2577, BROWN, Mr. BOOKER, Ms. BALDWIN, and Mr. (for himself, Mr. SCHATZ, and Mr. MARKEY)) supra; which was ordered to lie on the table. FRANKEN) submitted an amendment intended proposed an amendment to the bill S. 1335, to SA 3976. Mr. FLAKE submitted an amend- to be proposed to amendment SA 3896 pro- implement the Convention on the Conserva- ment intended to be proposed by him to the posed by Ms. COLLINS (for herself, Mr. KIRK, tion and Management of the High Seas Fish- bill H.R. 2577, supra; which was ordered to lie Mr. REED, and Mr. TESTER) to the bill H.R. eries Resources in the North Pacific Ocean, on the table. 2577, supra; which was ordered to lie on the as adopted at Tokyo on February 24, 2012, SA 3977. Mr. FLAKE submitted an amend- table. ment intended to be proposed to amendment SA 3990. Mr. BOOKER submitted an and for other purposes. SA 4004. Mr. NELSON submitted an amend- SA 3896 proposed by Ms. COLLINS (for herself, amendment intended to be proposed to ment intended to be proposed to amendment Mr. KIRK, Mr. REED, and Mr. TESTER) to the amendment SA 3896 proposed by Ms. COLLINS SA 3896 proposed by Ms. COLLINS (for herself, bill H.R. 2577, supra; which was ordered to lie (for herself, Mr. KIRK, Mr. REED, and Mr. Mr. KIRK, Mr. REED, and Mr. TESTER) to the on the table. TESTER) to the bill H.R. 2577, supra; which SA 3978. Mr. FLAKE submitted an amend- was ordered to lie on the table. bill H.R. 2577, making appropriations for the ment intended to be proposed to amendment SA 3991. Mr. JOHNSON submitted an Departments of Transportation, and Housing SA 3896 proposed by Ms. COLLINS (for herself, amendment intended to be proposed to and Urban Development, and related agen- Mr. KIRK, Mr. REED, and Mr. TESTER) to the amendment SA 3896 proposed by Ms. COLLINS cies for the fiscal year ending September 30, bill H.R. 2577, supra; which was ordered to lie (for herself, Mr. KIRK, Mr. REED, and Mr. 2016, and for other purposes; which was or- on the table. TESTER) to the bill H.R. 2577, supra; which dered to lie on the table. SA 3979. Mr. FLAKE submitted an amend- was ordered to lie on the table. f ment intended to be proposed to amendment SA 3992. Mr. JOHNSON submitted an SA 3896 proposed by Ms. COLLINS (for herself, amendment intended to be proposed to TEXT OF AMENDMENTS Mr. KIRK, Mr. REED, and Mr. TESTER) to the amendment SA 3896 proposed by Ms. COLLINS SA 3930. Mr. MCCAIN (for himself and bill H.R. 2577, supra; which was ordered to lie (for herself, Mr. KIRK, Mr. REED, and Mr. Mr. FLAKE) submitted an amendment on the table. TESTER) to the bill H.R. 2577, supra; which intended to be proposed to amendment SA 3980. Mr. FLAKE (for himself and Mr. was ordered to lie on the table. OLLINS MCCAIN) submitted an amendment intended SA 3993. Mr. JOHNSON submitted an SA 3896 proposed by Ms. C (for to be proposed to amendment SA 3896 pro- amendment intended to be proposed to herself, Mr. KIRK, Mr. REED, and Mr. posed by Ms. COLLINS (for herself, Mr. KIRK, amendment SA 3896 proposed by Ms. COLLINS TESTER) to the bill H.R. 2577, making Mr. REED, and Mr. TESTER) to the bill H.R. (for herself, Mr. KIRK, Mr. REED, and Mr. appropriations for the Departments of

VerDate Sep 11 2014 04:40 May 18, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.024 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2883 Transportation, and Housing and and not less frequently than annually there- Housing and Urban Development, and Urban Development, and related agen- after, the Secretary of Veterans Affairs shall related agencies for the fiscal year end- cies for the fiscal year ending Sep- provide for the conduct of inspections of ing September 30, 2016, and for other kitchens and food service areas at each med- tember 30, 2016, and for other purposes; ical facility of the Department of Veterans purposes; which was ordered to lie on which was ordered to lie on the table; Affairs to ensure that the same standards for the table; as follows: as follows: kitchens and food service areas at hospitals At the appropriate place in division B, in- After section 191 in title I of division A, in the private sector are being met at kitch- sert the following: add the following: ens and food service areas at medical facili- SEC. ll. Not later than 90 days after the SEC. ll. No funds shall be transferred ties of the Department. date of the enactment of this Act, the Sec- into the Sport Fish Restoration and Boating (b) AGREEMENT.— retary of the Army shall submit to Congress Trust Fund pursuant to section 9503(c)(3)(B) (1) IN GENERAL.—The Secretary shall seek a report that includes— of the Internal Revenue Code of 1986 for use to enter into an agreement with the Joint (1) a detailed description of the age and by the United States Fish and Wildlife Serv- Commission on Accreditation of Hospital Or- condition of the aircraft maintenance hang- ice if the Director of the United States Fish ganizations under which the Joint Commis- ars of the Army’s Combat Aviation Brigade; and Wildlife Service issues a compatibility sion on Accreditation of Hospital Organiza- (2) an identification of the most deficient determination to restrict motorized boats in tions conducts the inspections required such hangers; Havasu Wildlife Refuge, Arizona. under subsection (a). (3) a plan to modernize or replace such (2) ALTERNATE ORGANIZATION.—If the Sec- hangars; and SA 3931. Ms. COLLINS (for herself retary is unable to enter into an agreement (4) a description of the resources required to modernize or replace such hangers. and Mr. KING) submitted an amend- described in paragraph (1) with the Joint Commission on Accreditation of Hospital Or- ment intended to be proposed to SA 3934. Mr. KING (for himself, Mr. amendment SA 3896 proposed by Ms. ganizations on terms acceptable to the Sec- retary, the Secretary shall seek to enter into COONS, and Mr. PORTMAN) submitted an COLLINS (for herself, Mr. KIRK, Mr. such an agreement with another appropriate amendment intended to be proposed to REED, and Mr. TESTER) to the bill H.R. organization that— amendment SA 3896 proposed by Ms. 2577, making appropriations for the De- (A) is not part of the Federal Government; COLLINS (for herself, Mr. KIRK, Mr. partments of Transportation, and (B) operates as a not-for-profit entity; and REED, and Mr. TESTER) to the bill H.R. Housing and Urban Development, and (C) has expertise and objectivity com- 2577, making appropriations for the De- parable to that of the Joint Commission on related agencies for the fiscal year end- partments of Transportation, and ing September 30, 2016, and for other Accreditation of Hospital Organizations. (c) REMEDIATION PLAN.— Housing and Urban Development, and purposes; which was ordered to lie on (1) INITIAL FAILURE.—If a kitchen or food related agencies for the fiscal year end- the table; as follows: service area of a medical facility of the De- ing September 30, 2016, and for other At the appropriate place in division A, in- partment is determined pursuant to an in- purposes; as follows: sert the following: spection conducted under subsection (a) not On page 223, line 9, after ‘‘interoper- SEC. lll. (a) Notwithstanding section to meet the standards for kitchens and food ability:’’ insert the following: ‘‘Provided fur- 102(h) of the Cuban Liberty and Democratic service areas in hospitals in the private sec- ther, That, notwithstanding any other provi- Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. tor, that medical facility fails the inspection sion of law, $300,000 shall be available to 6032(h)) and section 910(b) of the Trade Sanc- and the Secretary shall— carry out a matching program with the De- tions Reform and Export Enhancement Act (A) implement a remediation plan for that partment of Education to identify veterans of 2000 (22 U.S.C. 7209(b)), and except as pro- medical facility within 48 hours; and who are unemployable due to a service-con- vided in subsection (b), none of the funds ap- (B) Conduct a second inspection under sub- nected disability and who are also borrowers propriated or otherwise made available by section (a) at that medical facility within 7 of Federal student loans in order to stream- this Act or by any other Act may be used to days of the failed inspection. line and expedite the process through which directly or indirectly prohibit the provision (2) SECOND FAILURE.—If a medical facility such veterans may discharge their Federal of technical services otherwise permitted of the Department fails the second inspec- student loans.’’. under an international air transportation tion conducted under paragraph (1)(B), the agreement in the United States for an air- Secretary shall close the kitchen or food SA 3935. Mrs. BOXER submitted an craft of a foreign air carrier that is en route service area at that medical facility that did amendment intended to be proposed to to or from Cuba based on the restrictions set not meet the standards for kitchens and food amendment SA 3896 proposed by Ms. forth in part 515 of title 31, Code of Federal service areas in hospitals in the private sec- COLLINS (for herself, Mr. KIRK, Mr. Regulations (commonly known as the tor until remediation is completed and all ‘‘Cuban Assets Control Regulations’’). kitchens and food service areas at that med- REED, and Mr. TESTER) to the bill H.R. (b) This section shall not apply— ical facility meet such standards. 2577, making appropriations for the De- (1) if— (3) PROVISION OF FOOD.—If a kitchen or food partments of Transportation, and (A) the United States is at war with Cuba; service area is closed at a medical facility of Housing and Urban Development, and (B) armed hostilities between the United the Department pursuant to paragraph (2), related agencies for the fiscal year end- States and Cuba are in progress; or the Director of the Veterans Integrated ing September 30, 2016, and for other (C) there is imminent danger to the public Service Network in which the medical facil- purposes; which was ordered to lie on health or physical safety of United States ity is located shall enter into a contract the table; as follows: citizens; or with a vendor approved by the General Serv- (2) to foreign air carriers that are owned by ices Administration to provide food at the At the end of title II of division B, add the the Government of Cuba or are based in medical facility. following: Cuba. (d) REPORTS.— SEC. 251. (a) The Secretary of Veterans Af- (1) QUARTERLY.—Not less frequently than fairs shall treat a marriage and family thera- SA 3932. Mr. KIRK submitted an quarterly, the Director of each Veterans In- pist described in subsection (b) as qualified amendment intended to be proposed to tegrated Service Network shall submit to to serve as a marriage and family therapist in the Department of Veterans Affairs, re- amendment SA 3896 proposed by Ms. Congress a report on inspections conducted under this section during that quarter at gardless of any requirements established by COLLINS (for herself, Mr. KIRK, Mr. medical facilities of the Department under the Commission on Accreditation for Mar- REED, and Mr. TESTER) to the bill H.R. the jurisdiction of that Director. riage and Family Therapy Education. (b) A marriage and family therapist de- 2577, making appropriations for the De- (2) SUBSEQUENT PERIOD.—A Director of a partments of Transportation, and Veterans Integrated Service Network may scribed in this subsection is a therapist who Housing and Urban Development, and submit to Congress the report described in meets each of the following criteria: related agencies for the fiscal year end- paragraph (1) not less frequently than semi- (1) Has a masters or higher degree in mar- annually if the Director does not report any riage and family therapy, or a related field, ing September 30, 2016, and for other from a regionally accredited institution. purposes; which was ordered to lie on failed inspections for the one-year period preceding the submittal of the report. (2) Is licensed as a marriage and family the table; as follows: therapist in a State (as defined in section At the end of title II of division B, add the SA 3933. Mr. PERDUE submitted an 101(20) of title 38, United States Code) and following: amendment intended to be proposed to possesses the highest level of licensure of- SEC. 251. INSPECTION OF KITCHENS AND FOOD amendment SA 3896 proposed by Ms. fered from the State. SERVICE AREAS AT MEDICAL FA- (3) Has passed the Association of Marital COLLINS (for herself, Mr. KIRK, Mr. CILITIES OF THE DEPARTMENT OF and Family Therapy Regulatory Board Ex- VETERANS AFFAIRS. REED, and Mr. TESTER) to the bill H.R. amination in Marital and Family Therapy or (a) IN GENERAL.—Not later than 90 days 2577, making appropriations for the De- a related examination for licensure adminis- after the date of the enactment of this Act, partments of Transportation, and tered by a State (as so defined).

VerDate Sep 11 2014 04:40 May 18, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.026 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2884 CONGRESSIONAL RECORD — SENATE May 17, 2016 SA 3936. Mr. WYDEN submitted an (c) This section shall become effective im- ployment equivalents within any program of amendment intended to be proposed to mediately upon enactment of this Act. rehabilitation conducted under chapter 31 of amendment SA 3896 proposed by Ms. title 38, United States Code, does not exceed Mr. CASEY submitted an 125 veterans to one full-time employment COLLINS (for herself, Mr. KIRK, Mr. SA 3939. amendment intended to be proposed to equivalent. REED, and Mr. TESTER) to the bill H.R. amendment SA 3896 proposed by Ms. (b) Not later than 180 days after the date of 2577, making appropriations for the De- the enactment of this Act, the Secretary COLLINS (for herself, Mr. KIRK, Mr. partments of Transportation, and shall submit to Congress a report on the pro- Housing and Urban Development, and REED, and Mr. TESTER) to the bill H.R. grams of rehabilitation conducted under related agencies for the fiscal year end- 2577, making appropriations for the De- chapter 31 of title 38, United States Code, in- ing September 30, 2016, and for other partments of Transportation, and cluding an assessment of the veteran-to-staff ratio for each such program. purposes; which was ordered to lie on Housing and Urban Development, and related agencies for the fiscal year end- the table; as follows: Mr. BOOKER submitted an ing September 30, 2016, and for other SA 3941. At the end of title II of division B, add the amendment intended to be proposed to purposes; which was ordered to lie on following: amendment SA 3896 proposed by Ms. the table; as follows: CONSIDERATION OF CERTAIN TIME SPENT RE- COLLINS (for herself, Mr. KIRK, Mr. At the appropriate place in division A, add CEIVING MEDICAL CARE FROM SECRETARY OF REED, and Mr. TESTER) to the bill H.R. the following: DEFENSE AS ACTIVE DUTY FOR PURPOSES OF 2577, making appropriations for the De- SEC. ll. (a) During the 3-year period be- ELIGIBILITY FOR POST-9/11 EDUCATIONAL AS- partments of Transportation, and SISTANCE ginning on the date of the enactment of this Act, the Administrator of the Federal Avia- Housing and Urban Development, and SEC. 251. Section 3301(1)(B) of title 38, related agencies for the fiscal year end- United States Code, is amended by inserting tion Administration shall develop and carry ‘‘12301(h),’’ after ‘‘12301(g),’’. out a scalable aerospace additive manufac- ing September 30, 2016, and for other turing demonstration initiative, which shall purposes; as follows: SA 3937. Mr. WYDEN submitted an focus on developing research and training to On page 50 of division A, strike line 7 and amendment intended to be proposed to support certification of a range of aircraft all that follows through ‘‘Code:’’ on line 10, components that are representative of indus- amendment SA 3896 proposed by Ms. and insert the following: ‘‘up to $25,000,000 try applications to address barriers to the shall be available to carry out section COLLINS (for herself, Mr. KIRK, Mr. use of additive manufacturing in United 24407(c)(1) of title 49, United States Code; and REED, and Mr. TESTER) to the bill H.R. States civil aerospace. not less than $25,000,000 shall be available to 2577, making appropriations for the De- (b) The demonstration initiative required carry out paragraphs (2), (5), (6), (7) and (10) partments of Transportation, and by subsection (a) shall— of section 24407(c) of such title:’’. Housing and Urban Development, and (1) promote and facilitate collaboration related agencies for the fiscal year end- among institutions of higher education, the SA 3942. Mr. PERDUE submitted an ing September 30, 2016, and for other commercial aircraft industry (including amendment intended to be proposed to manufacturers, suppliers, and commercial purposes; which was ordered to lie on amendment SA 3896 proposed by Ms. air carriers), Manufacturing Innovation In- COLLINS (for herself, Mr. KIRK, Mr. the table; as follows: stitutes of the National Network for Manu- REED, and Mr. TESTER) to the bill H.R. At the end of title II of division B, add the facturing Innovation administered by the following: Department of Commerce, and Manufac- 2577, making appropriations for the De- partments of Transportation, and CONSIDERATION OF CERTAIN TIME SPENT RE- turing Innovation Institutes administered by CEIVING MEDICAL CARE FROM SECRETARY OF the Federal Aviation Administration; Housing and Urban Development, and DEFENSE AS ACTIVE DUTY FOR PURPOSES OF (2) identify and promote opportunities for related agencies for the fiscal year end- ELIGIBILITY FOR POST-9/11 EDUCATIONAL AS- collaboration and technical exchange among ing September 30, 2016, and for other SISTANCE agencies involved in research related to scal- purposes; which was ordered to lie on SEC. 251. (a) IN GENERAL.—Section able additive manufacturing, including the the table; as follows: 3301(1)(B) of title 38, United States Code, is National Aeronautics and Space Administra- On page 114, line 11, strike ‘‘$10,501,000,000’’ amended by inserting ‘‘12301(h),’’ after tion, the National Science Foundation, the and insert ‘‘$10,301,000,000’’. ‘‘12301(g),’’. National Institute of Standards and Tech- (b) RETROACTIVE APPLICATION.—The nology, and the Department of Energy; SA 3943. Mr. PERDUE submitted an amendment made by subsection (a) shall (3) develop a research and training pro- amendment intended to be proposed to apply as if such amendment were enacted gram for basic and applied technical ad- amendment SA 3896 proposed by Ms. vances related to additively manufactured immediately after the enactment of the COLLINS (for herself, Mr. KIRK, Mr. Post-9/11 Veterans Educational Assistance aerospace components, including safety-crit- REED, and Mr. TESTER) to the bill H.R. Act of 2008 (Public Law 110–252). ical applications; and (4) develop and undertake research related 2577, making appropriations for the De- SA 3938. Mr. KIRK (for himself and to additive manufacturing processing sup- partments of Transportation, and Mr. TESTER) submitted an amendment porting the certification of additively manu- Housing and Urban Development, and intended to be proposed to amendment factured components with institutions of related agencies for the fiscal year end- higher education, industry, non-profit re- ing September 30, 2016, and for other SA 3896 proposed by Ms. COLLINS (for search institutes, and the Manufacturing In- herself, Mr. KIRK, Mr. REED, and Mr. purposes; which was ordered to lie on novation Institutes described in paragraph the table; as follows: TESTER) to the bill H.R. 2577, making (1). appropriations for the Departments of (c) The Administrator shall submit to Con- On page 80, line 10, strike ‘‘$16,431,696,000’’ Transportation, and Housing and gress a report on the initiative required by and insert ‘‘$15,740,696,000’’. subsection (a). Urban Development, and related agen- SA 3944. Mrs. FEINSTEIN submitted cies for the fiscal year ending Sep- SA 3940. Mr. MANCHIN submitted an an amendment intended to be proposed tember 30, 2016, and for other purposes; to amendment SA 3896 proposed by Ms. as follows: amendment intended to be proposed to amendment SA 3896 proposed by Ms. COLLINS (for herself, Mr. KIRK, Mr. At the appropriate place in title I of divi- REED, and Mr. TESTER) to the bill H.R. COLLINS (for herself, Mr. KIRK, Mr. sion B, insert the following: 2577, making appropriations for the De- REED, and Mr. TESTER) to the bill H.R. SEC. ll. (a) Of the amounts appropriated partments of Transportation, and by section 132 of the Military Construction, 2577, making appropriations for the De- Veterans Affairs, and Related Agencies Ap- partments of Transportation, and Housing and Urban Development, and propriations Act, 2016 (division J of Public Housing and Urban Development, and related agencies for the fiscal year end- Law 114–13; 129 Stat. 2683), $30,000,000 is here- related agencies for the fiscal year end- ing September 30, 2016, and for other by rescinded. ing September 30, 2016, and for other purposes; which was ordered to lie on (b) Notwithstanding section 123 of this the table; as follows: title, for an additional amount for fiscal year purposes; which was ordered to lie on the table; as follows: At the end of title II of division B, add the 2016 for ‘‘Military Construction, Army’’ in following: this title, $30,000,000, to remain available At the end of title II of division B, add the SEC. 251. AUTHORIZATION OF CERTAIN MAJOR until September 30, 2021, is provided for ad- following: MEDICAL FACILITY PROJECTS OF vances to the Federal Highway Administra- SEC. 251. (a) The Secretary of Veterans Af- THE DEPARTMENT OF VETERANS tion, Department of Transportation, for con- fairs shall use amounts appropriated or oth- AFFAIRS. struction of access roads as authorized by erwise made available in this title to ensure (a) FINDINGS.—Congress finds the fol- section 210 of title 23, United States Code. that the ratio of veterans to full-time em- lowing:

VerDate Sep 11 2014 04:40 May 18, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.027 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2885 (1) The Military Construction, Veterans (5) Realignment of medical facilities in context of chapter 113B of title 18, United Affairs, and Related Agencies Appropriations Livermore, California, in an amount not to States Code. Act, 2016, which was passed by the Senate on exceed $194,430,000. (6) Persons, entities, or countries that November 10, 2015, without a single vote cast (6) Construction of a medical center in knowingly or recklessly contribute material against the bill, and the Consolidated Appro- Louisville, Kentucky, in an amount not to support or resources, directly or indirectly, priations Act, 2016 include the following exceed $150,000,000. to persons or organizations that pose a sig- amounts to be appropriated to the Depart- (7) Construction of a replacement commu- nificant risk of committing acts of terrorism ment of Veterans Affairs: nity living center in Perry Point, Maryland, that threaten the security of nationals of the (A) $35,000,000 to make seismic corrections in an amount not to exceed $92,700,000. United States or the national security, for- to Building 208 at the West Los Angeles Med- (8) Seismic corrections and other renova- eign policy, or economy of the United States, ical Center of the Department in Los Ange- tions to several buildings and construction necessarily direct their conduct at the les, California, which, according to the De- of a specialty care building in American United States, and should reasonably antici- partment, is a building that is designated as Lake, Washington, in an amount not to ex- pate being brought to court in the United having an exceptionally high risk of sus- ceed $16,260,000. States to answer for such activities. taining substantial damage or collapsing (c) AUTHORIZATION OF APPROPRIATIONS FOR (7) The United States has a vital interest during an earthquake. CONSTRUCTION.—There is authorized to be ap- in providing persons and entities injured as a (B) $158,000,000 to provide for the construc- propriated to the Secretary of Veterans Af- result of terrorist attacks committed within tion of a new research building, site work, fairs for fiscal year 2016 or the year in which the United States with full access to the and demolition at the San Francisco Vet- funds are appropriated for the Construction, court system in order to pursue civil claims erans Affairs Medical Center. Major Projects, account, $1,113,802,000 for the against persons, entities, or countries that (C) $161,000,000 to replace Building 133 with projects authorized in subsection (b). have knowingly or recklessly provided mate- a new community living center at the Long (d) LIMITATION.—The projects authorized in rial support or resources, directly or indi- Beach Veterans Affairs Medical Center, subsection (b) may only be carried out rectly, to the persons or organizations re- which, according to the Department, is a using— sponsible for their injuries. building that is designated as having an ex- (1) funds appropriated for fiscal year 2016 (b) PURPOSE.—The purpose of this Act is to tremely high risk of sustaining major dam- pursuant to the authorization of appropria- provide civil litigants with the broadest pos- age during an earthquake. tions in subsection (c); sible basis, consistent with the Constitution (D) $468,800,000 for construction projects (2) funds available for Construction, Major of the United States, to seek relief against that are critical to the Department for en- Projects, for a fiscal year before fiscal year persons, entities, and foreign countries, suring health care access and safety at med- 2016 that remain available for obligation; wherever acting and wherever they may be ical facilities in Louisville, Kentucky, Jef- (3) funds available for Construction, Major found, that have provided material support, ferson Barracks in St. Louis, Missouri, Perry Projects, for a fiscal year after fiscal year directly or indirectly, to foreign organiza- Point, Maryland, American Lake, Wash- 2016 that remain available for obligation; tions or persons that engage in terrorist ac- ington, Alameda, California, and Livermore, (4) funds appropriated for Construction, tivities against the United States. California. Major Projects, for fiscal year 2016 for a cat- SEC. 3. RESPONSIBILITY OF FOREIGN STATES (2) The Department is unable to obligate or egory of activity not specific to a project; FOR INTERNATIONAL TERRORISM AGAINST THE UNITED STATES. expend the amounts described in paragraph (5) funds appropriated for Construction, (a) IN GENERAL.—Chapter 97 of title 28, (1), other than for construction design, be- Major Projects, for a fiscal year before fiscal United States Code, is amended by inserting year 2016 for a category of activity not spe- cause the Department lacks an explicit au- after section 1605A the following: thorization by an Act of Congress pursuant cific to a project; and to section 8104(a)(2) of title 38, United States (6) funds appropriated for Construction, ‘‘§ 1605B. Responsibility of foreign states for Code, to carry out the major medical facility Major Projects, for a fiscal year after fiscal international terrorism against the United projects described in such paragraph. year 2016 for a category of activity not spe- States (3) Among the major medical facility cific to a project. ‘‘(a) DEFINITION.—In this section, the term projects described in paragraph (1), three are ‘international terrorism’— critical seismic safety projects in California. SA 3945. Mr. CORNYN (for himself ‘‘(1) has the meaning given the term in sec- (4) Every day that the critical seismic safe- and Mr. SCHUMER) proposed an amend- tion 2331 of title 18, United States Code; and ty projects described in paragraph (3) are de- ment to the bill S. 2040, to deter ter- ‘‘(2) does not include any act of war (as de- layed increases the risk of a life-threatening fined in that section). rorism, provide justice for victims, and ‘‘(b) RESPONSIBILITY OF FOREIGN STATES.— building failure in the case of a major seis- for other purposes; as follows: mic event. A foreign state shall not be immune from the (5) According to the United States Geologi- Strike all after the enacting clause and in- jurisdiction of the courts of the United cal Survey— sert the following: States in any case in which money damages (A) California has more than a 99 percent SECTION 1. SHORT TITLE. are sought against a foreign state for phys- ical injury to person or property or death oc- chance of experiencing an earthquake of This Act may be cited as the ‘‘Justice curring in the United States and caused by— magnitude 6.7 or greater in the next 30 years; Against Sponsors of Terrorism Act’’. ‘‘(1) an act of international terrorism in (B) even earthquakes of less severity than SEC. 2. FINDINGS AND PURPOSE. the United States; and magnitude 6.7 can cause life threatening (a) FINDINGS.—Congress finds the fol- ‘‘(2) a tortious act or acts of the foreign damage to seismically unsafe buildings; and lowing: state, or of any official, employee, or agent (C) in California, earthquakes of mag- (1) International terrorism is a serious and of that foreign state while acting within the nitude 6.0 or greater occur on average once deadly problem that threatens the vital in- scope of his or her office, employment, or every 1.2 years. terests of the United States. agency, regardless where the tortious act or (6) On January 20, 2016, the Senate passed (2) International terrorism affects the acts of the foreign state occurred. this legislation by unanimous consent as S. interstate and foreign commerce of the ‘‘(c) CLAIMS BY NATIONALS OF THE UNITED 2422, 114th Congress. United States by harming international STATES.—Notwithstanding section 2337(2) of (b) AUTHORIZATION.—The Secretary of Vet- trade and market stability, and limiting title 18, a national of the United States may erans Affairs may carry out the following international travel by United States citi- bring a claim against a foreign state in ac- major medical facility projects, with each zens as well as foreign visitors to the United cordance with section 2333 of that title if the project to be carried out in an amount not to States. foreign state would not be immune under exceed the amount specified for that project: (3) Some foreign terrorist organizations, subsection (b). (1) Seismic corrections to buildings, in- acting through affiliated groups or individ- ‘‘(d) RULE OF CONSTRUCTION.—A foreign cluding retrofitting and replacement of high- uals, raise significant funds outside of the state shall not be subject to the jurisdiction risk buildings, in San Francisco, California, United States for conduct directed and tar- of the courts of the United States under sub- in an amount not to exceed $180,480,000. geted at the United States. section (b) on the basis of an omission or a (2) Seismic corrections to facilities, includ- (4) It is necessary to recognize the sub- tortious act or acts that constitute mere ing facilities to support homeless veterans, stantive causes of action for aiding and abet- negligence.’’. at the medical center in West Los Angeles, ting and conspiracy liability under chapter (b) TECHNICAL AND CONFORMING AMEND- California, in an amount not to exceed 113B of title 18, United States Code. MENTS.— $105,500,000. (5) The decision of the United States Court (1) The table of sections for chapter 97 of (3) Seismic corrections to the mental of Appeals for the District of Columbia in title 28, United States Code, is amended by health and community living center in Long Halberstam v. Welch, 705 F.2d 472 (D.C. Cir. inserting after the item relating to section Beach, California, in an amount not to ex- 1983), which has been widely recognized as 1605A the following: ceed $287,100,000. the leading case regarding Federal civil aid- ‘‘1605B. Responsibility of foreign states for (4) Construction of an outpatient clinic, ing and abetting and conspiracy liability, in- international terrorism against administrative space, cemetery, and col- cluding by the Supreme Court of the United the United States.’’. umbarium in Alameda, California, in an States, provides the proper legal framework (2) Subsection 1605(g)(1)(A) of title 28, amount not to exceed $87,332,000. for how such liability should function in the United States Code, is amended by inserting

VerDate Sep 11 2014 04:40 May 18, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.029 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2886 CONGRESSIONAL RECORD — SENATE May 17, 2016 ‘‘or section 1605B’’ after ‘‘but for section (1) pending on, or commenced on or after, purposes; which was ordered to lie on 1605A’’. the date of enactment of this Act; and the table; as follows: (2) arising out of an injury to a person, SEC. 4. AIDING AND ABETTING LIABILITY FOR At the end of title II of division B, add the CIVIL ACTIONS REGARDING TER- property, or business on or after September following: RORIST ACTS. 11, 2001. (a) IN GENERAL.—Section 2333 of title 18, SEC. 251. None of the funds made available United States Code, is amended by adding at Mr. BLUNT submitted an in this title may be used to pay bonuses to SA 3946. employees within the Veterans Health Ad- the end the following: amendment intended to be proposed to ‘‘(d) LIABILITY.— ministration until the Secretary of Veterans ‘‘(1) DEFINITION.—In this subsection, the amendment SA 3900 proposed by Mr. Affairs certifies to the Committee on Appro- term ‘person’ has the meaning given the MCCONNELL (for Mr. BLUNT (for him- priations of the Senate and the Committee term in section 1 of title 1. self, Mr. GRAHAM, Mr. COCHRAN, Mrs. on Appropriations of the House of Represent- ‘‘(2) LIABILITY.—In an action under sub- MURRAY, and Mr. LEAHY)) to the atives that individuals eligible for health section (a) for an injury arising from an act amendment SA 3896 proposed by Ms. care from the Department of Veterans Af- of international terrorism committed, COLLINS (for herself, Mr. KIRK, Mr. fairs are allowed to choose the medical facil- planned, or authorized by an organization ity of the Department at which to receive REED, and Mr. TESTER) to the bill H.R. that had been designated as a foreign ter- care. rorist organization under section 219 of the 2577, making appropriations for the De- Immigration and Nationality Act (8 U.S.C. partments of Transportation, and SA 3950. Mr. HELLER submitted an 1189), as of the date on which such act of Housing and Urban Development, and amendment intended to be proposed to international terrorism was committed, related agencies for the fiscal year end- amendment SA 3896 proposed by Ms. planned, or authorized, liability may be as- ing September 30, 2016, and for other COLLINS (for herself, Mr. KIRK, Mr. serted as to any person who aids and abets, purposes; as follows: by knowingly providing substantial assist- REED, and Mr. TESTER) to the bill H.R. On page 10 of the amendment, line 1, strike ance, or who conspires with the person who 2577, making appropriations for the De- committed such an act of international ter- ‘‘. The’’ and all that follows through the pe- partments of Transportation, and rorism.’’. riod on line 3, and insert the following: ‘‘: Housing and Urban Development, and (b) EFFECT ON FOREIGN SOVEREIGN IMMUNI- Provided, That such plans shall be updated and submitted to the Committee on Appro- related agencies for the fiscal year end- TIES ACT.—Nothing in the amendment made ing September 30, 2016, and for other by this section affects immunity of a foreign priations of the Senate every 90 days until state, as that term is defined in section 1603 September 30, 2017, and every 180 days there- purposes; which was ordered to lie on of title 28, United States Code, from jurisdic- after until all funds have been fully ex- the table; as follows: tion under other law. pended.’’. At the end of title II of division B, add the SEC. 5. STAY OF ACTIONS PENDING STATE NEGO- following: TIATIONS. SA 3947. Mr. HELLER submitted an SEC. 251. None of the funds made available (a) EXCLUSIVE JURISDICTION.—The courts of amendment intended to be proposed to in this title may be used to pay bonuses to the United States shall have exclusive juris- amendment SA 3896 proposed by Ms. employees within the Veterans Benefits Ad- diction in any action in which a foreign state COLLINS (for herself, Mr. KIRK, Mr. ministration who perform work related to is subject to the jurisdiction of a court of the REED, and Mr. TESTER) to the bill H.R. the processing of disability claims under the United States under section 1605B of title 28, 2577, making appropriations for the De- laws administered by the Secretary of Vet- United States Code, as added by section 3(a) erans Affairs until the nationwide backlog of of this Act. partments of Transportation, and such claims is at 10 percent or less of the (b) INTERVENTION.—The Attorney General Housing and Urban Development, and pending workload for the Veterans Benefits may intervene in any action in which a for- related agencies for the fiscal year end- Administration. eign state is subject to the jurisdiction of a ing September 30, 2016, and for other court of the United States under section purposes; which was ordered to lie on SA 3951. Mr. HELLER submitted an 1605B of title 28, United States Code, as added by section 3(a) of this Act, for the pur- the table; as follows: amendment intended to be proposed to pose of seeking a stay of the civil action, in On page 219, line 25, strike the period and amendment SA 3896 proposed by Ms. whole or in part. insert ‘‘: Provided, That the National Ceme- COLLINS (for herself, Mr. KIRK, Mr. (c) STAY.— tery Administration shall complete the REED, and Mr. TESTER) to the bill H.R. (1) IN GENERAL.—A court of the United Rural Veterans Burial Initiative by not later 2577, making appropriations for the De- States may stay a proceeding against a for- than September 30, 2017.’’ partments of Transportation, and eign state if the Secretary of State certifies Housing and Urban Development, and that the United States is engaged in good SA 3948. Mr. HELLER submitted an related agencies for the fiscal year end- faith discussions with the foreign state de- amendment intended to be proposed to ing September 30, 2016, and for other fendant concerning the resolution of the amendment SA 3896 proposed by Ms. claims against the foreign state, or any purposes; which was ordered to lie on COLLINS (for herself, Mr. KIRK, Mr. other parties as to whom a stay of claims is the table; as follows: sought. REED, and Mr. TESTER) to the bill H.R. 2577, making appropriations for the De- At the end of title II of division B, add the (2) DURATION.— following: (A) IN GENERAL.—A stay under this section partments of Transportation, and may be granted for not more than 180 days. Housing and Urban Development, and ANNUAL REPORT ON BONUSES (B) EXTENSION.— related agencies for the fiscal year end- SEC. 251. Not later than one year after the (i) IN GENERAL.—The Attorney General ing September 30, 2016, and for other date of the enactment of this Act, and not may petition the court for an extension of purposes; as follows: less frequently than annually thereafter, the the stay for additional 180-day periods. Secretary of Veterans Affairs shall submit to (ii) RECERTIFICATION.—A court shall grant On page 245, lines 23 through 24, strike the Committee on Appropriations of the Sen- an extension under clause (i) if the Secretary ‘‘and (7) the number and results of Quality ate and the Committee on Appropriations of of State recertifies that the United States Review Team audits’’ and insert ‘‘(7) the the House of Representatives a report that remains engaged in good faith discussions number and results of Quality Review Team contains, for the year preceding the sub- with the foreign state defendant concerning audits; (8) the number of claims completed mittal of the report, a description of the bo- the resolution of the claims against the for- by each Regional Office based on the Re- nuses awarded to Regional Office Directors eign state, or any other parties as to whom gional Office being the station of jurisdic- of the Department of Veterans Affairs, Di- a stay of claims is sought. tion; and (9) the number of claims completed rectors of Medical Centers of the Depart- SEC. 6. SEVERABILITY. by each Regional Office based on the Re- ment, and Directors of Veterans Integrated If any provision of this Act or any amend- gional Office being the station of origin’’. Service Networks, including the amount of ment made by this Act, or the application of each bonus and the name of the individual to a provision or amendment to any person or SA 3949. Mr. HELLER submitted an whom the bonus was awarded. circumstance, is held to be invalid, the re- amendment intended to be proposed to mainder of this Act and the amendments amendment SA 3896 proposed by Ms. SA 3952. Mr. BENNET submitted an made by this Act, and the application of the COLLINS (for herself, Mr. KIRK, Mr. amendment intended to be proposed to provisions and amendments to any other per- REED, and Mr. TESTER) to the bill H.R. amendment SA 3896 proposed by Ms. son not similarly situated or to other cir- 2577, making appropriations for the De- COLLINS (for herself, Mr. KIRK, Mr. cumstances, shall not be affected by the holding. partments of Transportation, and REED, and Mr. TESTER) to the bill H.R. SEC. 7. EFFECTIVE DATE. Housing and Urban Development, and 2577, making appropriations for the De- The amendments made by this Act shall related agencies for the fiscal year end- partments of Transportation, and apply to any civil action— ing September 30, 2016, and for other Housing and Urban Development, and

VerDate Sep 11 2014 04:40 May 18, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.029 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2887 related agencies for the fiscal year end- SEC. 251. (a) The Secretary of Veterans Af- such Act: Provided further, That for purposes ing September 30, 2016, and for other fairs shall ensure that the Readjustment of the previous proviso, section 331(a)(3)(D) of purposes; which was ordered to lie on Counseling Service of the Department of the PHS Act shall be applied as if the term the table; as follows: Veterans Affairs coordinates directly with ‘‘primary health services’’ included health the Office of Rural Health of the Department services regarding pediatric subspecialists. At the end of title II of division B, add the on efforts to expand the capacity of Vet Cen- MATERNAL AND CHILD HEALTH following: ters (as defined in section 1712A(h) of title 38, SEC. 251. MONTHLY ASSISTANCE ALLOWANCE Unobligated balances of amounts appro- United States Code) in order to ensure that priated under this heading in previous fiscal FOR DISABLED VETERANS COM- the readjustment and psychological coun- PETING ON OLYMPIC TEAMS. years, up to $5,000,000, shall also be available seling needs of veterans in rural and highly Section 322(d)(1) of title 38, United States until September 30, 2017, to prevent, prepare rural communities are met. Code, is amended— for, and respond to Zika virus, other vector- (b) Not later than one year after the date (1) by striking ‘‘allowance to a veteran’’ borne diseases, and related health outcomes, of the enactment of this Act, the Secretary and inserting the following: ‘‘allowance to— domestically and internationally: Provided, shall submit to the Committee on Appropria- ‘‘(A) a veteran’’; That funds made available in this paragraph tions of the Senate and the Committee on (2) in subparagraph (A), as designated by may be awarded for projects of regional and Appropriations of the House of Representa- paragraph (1), by striking the period at the national significance in Puerto Rico and tives a report detailing the number of Vet end and inserting ‘‘; and’’; and other Territories authorized under section Centers (as so defined) operated by the De- (3) by adding at the end the following new 501 of the Social Security Act, notwith- partment and a strategic plan to increase subparagraph: standing section 502 of such Act. the capacity of such Vet Centers to address ‘‘(B) a veteran with a disability, as deter- unmet readjustment and psychological coun- CENTERS FOR DISEASE CONTROL AND mined by the Secretary, who is selected by seling needs of veterans in rural and highly PREVENTION the United States Olympic Committee for rural communities. CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT the United States Olympic Team for any Unobligated balances of amounts appro- month in which the veteran is competing in SA 3955. Mr. LANKFORD (for himself priated under this heading in previous fiscal any event sanctioned by the National Gov- years, up to $449,000,000, shall also be avail- erning Bodies of the United States Olympic and Mr. LEE) submitted an amendment intended to be proposed to amendment able until September 30, 2017, to prevent, pre- Sports.’’. pare for, and respond to Zika virus, other SA 3900 proposed by Mr. MCCONNELL SA 3953. Mrs. GILLIBRAND (for her- vector-borne diseases, and related health (for Mr. BLUNT (for himself, Mr. GRA- outcomes, domestically and internationally; self, Mr. BOOKER, and Mrs. BOXER) sub- HAM, Mr. COCHRAN, Mrs. MURRAY, and and to carry out titles II, III, and XVII of the mitted an amendment intended to be Mr. LEAHY)) to the amendment SA 3896 PHS Act with respect to domestic prepared- proposed by her to the bill H.R. 2577, proposed by Ms. COLLINS (for herself, ness and global health: Provided, That prod- making appropriations for the Depart- Mr. KIRK, Mr. REED, and Mr. TESTER) ucts purchased with these funds may, at the ments of Transportation, and Housing to the bill H.R. 2577, making appropria- discretion of the Secretary of Health and and Urban Development, and related tions for the Departments of Transpor- Human Services, be deposited in the Stra- agencies for the fiscal year ending Sep- tation, and Housing and Urban Devel- tegic National Stockpile under section 319F– tember 30, 2016, and for other purposes; 2 of the PHS Act: Provided further, That opment, and related agencies for the funds may be used for purchase and insur- which was ordered to lie on the table; fiscal year ending September 30, 2016, ance of official motor vehicles in foreign as follows: and for other purposes; which was or- countries: Provided further, That the provi- At the end of title II of division B, add the dered to lie on the table; as follows: sions in section 317S of the PHS Act shall following: Beginning on page 1 of the amendment, not apply to the use of funds made available SEC. 251. (a) RESEARCH ON THERAPEUTIC strike line 3 and all that follows through line in this paragraph: Provided further, That USES OF CANNABIS PLANT.—The Secretary of 20 on page 18, and insert the following: funds made available in this paragraph may Veterans Affairs may, in coordination with be used for grants for the construction, al- TITLE ll the National Center for Posttraumatic teration, or renovation of non-federally Stress Disorder, within the limits of statu- ZIKA RESPONSE AND PREPAREDNESS owned facilities to improve preparedness and tory authorities and funding under other CHAPTER 1 response capability at the State and local provisions of law, conduct clinical research DEPARTMENT OF HEALTH AND HUMAN level: Provided further, That of the amount on the potential benefits of therapeutic use SERVICES made available in this paragraph, $88,000,000 of the cannabis plant by veterans— HEALTH RESOURCES AND SERVICES may be used to reimburse accounts adminis- (1) to treat serious health conditions, such ADMINISTRATION tered by the Centers for Disease Control and as posttraumatic stress disorder (PTSD), Prevention for obligations incurred for Zika chronic pain and neuropathies, sleep dis- PRIMARY HEALTH CARE virus response prior to the enactment of this orders, traumatic brain injury, seizures, Par- Unobligated balances of amounts appro- Act. kinson’s disease, cancer, spinal cord injuries, priated under this heading in previous fiscal NATIONAL INSTITUTES OF HEALTH human immunodeficiency virus (HIV), and years, up to $40,000,000, shall also be avail- NATIONAL INSTITUTE OF ALLERGY AND Crohn’s disease; and able until September 30, 2017, to prevent, pre- INFECTIOUS DISEASES (2) as a treatment to achieve and maintain pare for, and respond to Zika virus, other abstinence from opioids and heroin. vector borne diseases, and related health Unobligated balances of amounts appro- (b) REPORT.—Not later than 180 days after outcomes, domestically and internationally: priated under this heading in previous fiscal the date of the enactment of this Act, the Provided, That funds made available in this years, up to $200,000,000, shall also be avail- Secretary shall submit to the Committee on paragraph shall be used to expand the deliv- able until September 30, 2017, to prevent, pre- Appropriations of the Senate and the Com- ery of primary health services authorized by pare for, and respond to Zika virus, other mittee on Appropriations of the House of section 330 of the Public Health Service vector-borne diseases, and related health Representatives a report detailing any ef- (‘‘PHS’’) Act in Puerto Rico and other terri- outcomes, domestically and internationally, forts of the Department of Veterans Affairs tories. including expenses related to carrying out section 301 and title IV of the PHS Act. to expand the conduct of research described HEALTH WORKFORCE in subsection (a). OFFICE OF THE SECRETARY Unobligated balances of amounts appro- PUBLIC HEALTH AND SOCIAL SERVICES SA 3954. Ms. HEITKAMP (for herself, priated under this heading in previous fiscal years, up to $6,000,000, shall also be available EMERGENCY FUND Ms. COLLINS, Mr. KING, and Ms. MUR- until September 30, 2017, to prevent, prepare (INCLUDING TRANSFER OF FUNDS) KOWSKI) submitted an amendment in- for, and respond to Zika virus, other vector- Unobligated balances of amounts appro- tended to be proposed to amendment borne diseases, and related health outcomes, priated under this heading in previous fiscal SA 3896 proposed by Ms. COLLINS (for domestically and internationally: Provided, years, up to $150,000,000, shall also be avail- herself, Mr. KIRK, Mr. REED, and Mr. That funds made available in this paragraph able until September 30, 2017, to prevent, pre- TESTER) to the bill H.R. 2577, making may, for purposes of providing primary pare for, and respond to Zika virus, other appropriations for the Departments of health services in areas affected by Zika vector-borne diseases, and related health Transportation, and Housing and virus or other vector-borne diseases, be used outcomes, domestically and internationally; Urban Development, and related agen- to assign National Health Service Corps to develop necessary countermeasures and (‘‘NHSC’’) members to Puerto Rico and other vaccines, including the development and pur- cies for the fiscal year ending Sep- Territories, notwithstanding the assignment chase of vaccines, therapeutics, diagnostics, tember 30, 2016, and for other purposes; priorities and limitations in or under sec- necessary medical supplies, and administra- as follows: tions 333(a)(1)(D), 333(b), or 333A(a) of the tive activities; for carrying out titles II, III, At the end of title II of division B, add the PHS Act, and to make NHSC Loan Repay- and XVII of the PHS Act with respect to do- following: ment Program awards under section 338B of mestic preparedness and global health; and

VerDate Sep 11 2014 04:40 May 18, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.032 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2888 CONGRESSIONAL RECORD — SENATE May 17, 2016 for additional payments for distribution as may be transferred back to that appropria- years, up to $211,000,000, shall also be avail- provided for under the ‘‘Social Services tion: Provided further, That none of the funds able for necessary expenses for assistance or Block Grant Program’’: Provided, That funds made available by this chapter may be trans- research to prevent, treat, or otherwise re- made available in this paragraph may be ferred pursuant to the authority in section spond to the Zika virus and related health used to procure security countermeasures (as 206 of division G of Public Law 113–325 or sec- outcomes, other vector-borne diseases, or defined in section 319F–2(c)(1)(B) of the PHS tion 241(a) of the PHS Act. other infectious diseases: Provided, That such Act, as amended by this Act): Provided fur- SEC. ll. If there remains an insufficient funds may be made available for multi-year ther, That paragraphs (1) and (7)(C) of sub- amount of unobligated funds under any head- funding commitments to incentivize the de- section (c) of section 319F–2 of the PHS Act, ing under this chapter, funds may be trans- velopment of global health technologies, fol- but no other provisions of such section, shall ferred from the unobligated balance of funds lowing consultation with the Committees on apply to such security countermeasures pro- under other headings under this chapter: Appropriations: Provided further, That none cured with funds made available in this para- Provided, That the total amount of funds of the funds made available in this chapter graph: Provided further, That products pur- made available by this title shall not exceed may be made available for the Grand Chal- chased with funds made available in this $850,000,000. lenges for Development program. SEC. ll. Not later than 30 days after en- paragraph may, at the discretion of the Sec- actment of this Act, the Secretary of Health INTERNATIONAL SECURITY ASSISTANCE retary of Health and Human Services, be de- and Human Services shall provide a detailed DEPARTMENT OF STATE posited in the Strategic National Stockpile spend plan of anticipated uses of funds made NONPROLIFERATION, ANTI-TERRORISM, under section 319F–2 of the PHS Act: Pro- available in this chapter, including esti- DEMINING AND RELATED PROGRAMS vided further, That countermeasures related mated personnel and administrative costs, to to the Zika virus procured with funds made Unobligated balances of amounts appro- the Committees on Appropriations. The Sec- priated under this heading in previous fiscal available in this paragraph shall be deemed retary of Health and Human Services should to be security countermeasures as defined in years, up to $4,000,000, shall also be available also provide quarterly obligation updates to until September 30, 2017, for necessary ex- section 319F–2(c)(1) of the PHS Act, and para- the Committees until all funds are expended graph (7)(C), but no other provision, of such penses to support response and research ef- or expire. forts related to the Zika virus and related section 319F–2(c) shall apply to procurements SEC. ll. Prior to the transfer or re- of such countermeasures: Provided further, health outcomes, other vector-borne dis- programming of funds made available by this eases, or other infectious diseases. That $75,000,000 shall be transferred to ‘‘So- chapter, the director of the Office of Manage- cial Services Block Grant’’ for health serv- ment and Budget shall certify to the appro- MULTILATERAL ASSISTANCE ices, notwithstanding section 2005(a)(4) of the priate Congressional committees that the FUNDS MADE AVAILABLE TO THE PRESIDENT Social Security Act, in territories with ac- net effect of all transfers shall not result in INTERNATIONAL ORGANIZATIONS AND PROGRAMS tive or local transmission cases of the Zika an increase in outlays over the period of fis- Unobligated balances of amounts appro- virus, as confirmed by the Centers for Dis- cal years 2016 through 2021. priated under this heading in previous fiscal ease Control and Prevention: Provided fur- CHAPTER 2 years, up to $13,500,000, shall also be avail- ther, That the Secretary of Health and DEPARTMENT OF STATE able until September 30, 2017, for necessary Human Services shall distribute funds trans- expenses to support response and research ef- ADMINISTRATION OF FOREIGN AFFAIRS ferred to the ‘‘Social Services Block Grant’’ forts related to the Zika virus and related DIPLOMATIC AND CONSULAR PROGRAMS in this paragraph to such territories in ac- health outcomes, other vector-borne dis- cordance with objective criteria that are Unobligated balances of amounts appro- eases, or other infectious diseases: Provided, made available to the public. priated under this heading in previous fiscal That section 307(a) of the Foreign Assistance GENERAL PROVISIONS—THIS CHAPTER years, up to $14,594,000, shall also be avail- Act of 1961 shall not apply to funds made able until September 30, 2017, for necessary (INCLUDING TRANSFER OF FUNDS) available under this heading. expenses to support response efforts related GENERAL PROVISIONS—THIS CHAPTER SEC. ll. For purposes of preventing, pre- to the Zika virus and related health out- paring for, and responding to Zika virus, comes, other vector-borne diseases, or other (INCLUDING TRANSFER OF FUNDS) other vector-borne diseases, and related infectious diseases: Provided, That up to SEC. ll. (a) Funds made available by this health outcomes domestically and inter- $4,000,000 may be made available for medical chapter under the headings ‘‘Global Health nationally, the Secretary of Health and evacuation costs of any other Department or Programs’’, ‘‘Nonproliferation, Anti-ter- Human Services may use funds provided in agency of the United States under Chief of rorism, Demining and Related Programs’’, this chapter to acquire, lease, construct, Mission authority, and may be transferred to ‘‘International Organizations and Pro- alter, renovate, equip, furnish, or manage fa- any other appropriation of such Department grams’’, and ‘‘Operating Expenses’’ may be cilities outside of the United States, as nec- or agency for such costs. transferred to, and merged with, funds made essary to conduct such programs, in con- EMERGENCIES IN THE DIPLOMATIC AND available by this chapter under such head- sultation with the Secretary of State, either CONSULAR SERVICE ings to carry out the purposes of this chap- directly for the use of the United States Gov- Unobligated balances of amounts appro- ter. ernment or for the use, pursuant to grants, priated under this heading in previous fiscal (b) Funds made available by this chapter direct assistance, or cooperative agreements, years, up to $4,000,000, shall also be available under the headings ‘‘Diplomatic and Con- of public or nonprofit private institutions or for necessary expenses to support response sular Programs’’, ‘‘Emergencies in the Diplo- agencies in participating foreign countries. efforts related to the Zika virus and related matic and Consular Service’’, and ‘‘Repatri- SEC. ll. Funds made available by this health outcomes, other vector-borne dis- ation Loans Program Account’’ may be chapter may be used by the heads of the De- transferred to, and merged with, funds made partment of Health and Human Services, De- eases, or other infectious diseases, to remain available until expended. available by this chapter under such head- partment of State, and the Agency for Inter- ings to carry out the purposes of this chap- REPATRIATION LOANS PROGRAM ACCOUNT national Development to appoint, without ter. regard to the provisions of sections 3309 Unobligated balances of amounts appro- (c) If there remains an insufficient amount through 3319 of title 5 of the United States priated under this heading in previous fiscal of unobligated funds under any heading Code, candidates needed for positions to per- years, up to $1,000,000, shall also be available under this chapter, funds may be transferred form critical work relating to Zika response to support response efforts related to the from the unobligated balance of funds under for which— Zika virus and related health outcomes, other headings under this chapter: Provided, (1) public notice has been given; and other vector-borne diseases, or other infec- That the total amount of funds made avail- (2) the Secretary of Health and Human tious diseases. able by this title shall not exceed Services has determined that such a public UNITED STATES AGENCY FOR INTERNATIONAL $258,094,000. health threat exists. DEVELOPMENT (d) The transfer authorities provided by SEC. ll. Funds made available in this FUNDS MADE AVAILABLE TO THE PRESIDENT this section are in addition to any other chapter may be transferred to, and merged OPERATING EXPENSES transfer authority provided by law. with, other appropriation accounts under the Unobligated balances of amounts appro- (e) Upon a determination that all or part of headings ‘‘Centers for Disease Control and priated under this heading in previous fiscal the funds transferred pursuant to the au- Prevention’’, ‘‘Public Health and Social years, up to $10,000,000, shall also be avail- thorities provided by this section are not Services Emergency Fund’’, ‘‘Health Re- able until September 30, 2017, for necessary necessary for such purposes, such amounts sources and Services Administration’’, and expenses to support response efforts related may be transferred back to such appropria- ‘‘National Institutes of Health’’ for the pur- to the Zika virus and related health out- tions. poses specified in this chapter following con- comes, other vector-borne diseases, or other (f) No funds shall be transferred pursuant sultation with the Office of Management and infectious diseases. to this section unless at least 15 days prior Budget: Provided, That the Committees on to making such transfer the Secretary of BILATERAL ECONOMIC ASSISTANCE Appropriations shall be notified 10 days in State or the Administrator of the United advance of any such transfer: Provided fur- FUNDS MADE AVAILABLE TO THE PRESIDENT States Agency for International Develop- ther, That, upon a determination that all or GLOBAL HEALTH PROGRAMS ment (USAID), as appropriate, notifies the part of the funds transferred from an appro- Unobligated balances of amounts appro- Committees on Appropriations in writing of priation are not necessary, such amounts priated under this heading in previous fiscal the details of any such transfer.

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(g) Prior to the transfer or reprogramming pose of any law administered by the Office of ADDITIONAL RESCISSIONS OF UNOBLIGATED of funds made available by this chapter, the Personnel Management. EBOLA FUNDS director of the Office of Management and EFFECTIVE DATE SEC. l. (a) Of the unobligated balances Budget shall certify to the appropriate Con- made available under the heading ‘‘Public gressional committees that the net effect of SEC. ll. This title shall become effective Health and Social Services Emergency Fund all transfers and reprogramming shall not immediately upon enactment of this Act. (Including Transfer of Funds)’’ in title VI of result in an increase in outlays over the pe- the Departments of Labor, Health and riod of fiscal years 2016 through 2021. SA 3956. Mr. DURBIN (for himself, Human Services, and Education, and Related NOTIFICATION REQUIREMENT Mr. BLUMENTHAL, Mr. BROWN, Mr. MUR- Agencies Appropriations Act, 2015 (division G of Public Law 113–235) for the purpose of SEC. ll. Funds made available by this PHY, Mrs. MURRAY, Mr. REED, Ms. WAR- chapter that are made available to respond REN, Mr. CARPER, Mr. FRANKEN, and other preparation and response, $250,000,000 to the Zika virus outbreak, other vector- shall be rescinded: Provided, That such Ms. BALDWIN) submitted an amendment amount is designated by the Congress as an borne diseases, or other infectious diseases intended to be proposed to amendment shall not be available for obligation unless emergency requirement pursuant to section SA 3896 proposed by Ms. COLLINS (for 251(b)(2)(A)(i) of the Balanced Budget and the Secretary of State or the USAID Admin- herself, Mr. KIRK, Mr. REED, and Mr. Emergency Deficit Control Act of 1985. istrator, as appropriate, notifies the Com- TESTER) to the bill H.R. 2577, making (b) Of the unobligated balances made avail- mittees on Appropriations in writing at least able under the heading ‘‘CDC-Wide Activities 15 days in advance of such obligation. appropriations for the Departments of Transportation, and Housing and and Program Support (Including Transfer of SPEND PLAN REQUIREMENT Funds)’’ in title VI of the Departments of Urban Development, and related agen- SEC. ll. Not later than 45 days after en- Labor, Health and Human Services, and Edu- actment of this Act and prior to the obliga- cies for the fiscal year ending Sep- cation, and Related Agencies Appropriations tion of funds made available by this chapter tember 30, 2016, and for other purposes; Act, 2015 (division G of Public Law 113–235) to respond to the Zika virus outbreak, other which was ordered to lie on the table; for supporting national public health insti- vector-borne diseases, or other infectious as follows: tutes and global health security, $384,000,000 shall be rescinded: Provided, That such diseases, the Secretary of State and the At the end of title II of division B, add the amount is designated by the Congress as an USAID Administrator, as appropriate, shall following: submit spend plans to the Committees on emergency requirement pursuant to section SEC. . (a) From amounts appropriated Appropriations on the anticipated uses of ll 251(b)(2)(A)(i) of the Balanced Budget and or otherwise made available under this title funds on a country and project basis, includ- Emergency Deficit Control Act of 1985. for the administration of educational assist- ing estimated personnel and administrative (c) Of the unobligated balances made avail- ance programs under the laws administered costs: Provided, That such plans shall be up- able under the heading ‘‘Funds Appropriated by the Secretary of Veterans Affairs, the dated and submitted to the Committee on to the President’’ under the heading ‘‘Bilat- Secretary of Veterans Affairs shall ensure Appropriations every 90 days until Sep- eral Economic Assistance’’ in title IX of the that any online consumer tool offered or sup- tember 30, 2017, and every 180 days thereafter Department of State, Foreign Operations, ported by the Department of Veterans Af- until all funds have been fully expended. and Related Programs Appropriations Act, fairs that provides information to veterans 2015 (division J of Public Law 113–235), COMPTROLLER GENERAL OVERSIGHT regarding specific postsecondary educational $466,000,000 shall be rescinded: Provided, That SEC. ll. Of the funds made available by institutions, such as the GI Bill Comparison such amount is designated by the Congress this chapter, up to $500,000 shall be made Tool or any successor or similar program, in- as an emergency requirement pursuant to available to the Comptroller General of the cludes for each such institution an account- section 251(b)(2)(A)(i) of the Balanced Budget United States, to remain available until ex- ing of pending investigations and civil or and Emergency Deficit Control Act of 1985. pended, for oversight of activities supported criminal actions against the institution by pursuant to this chapter with funds made Federal agencies and State attorneys gen- SA 3958. Mr. LEE (for himself and available by this chapter: Provided, That the eral, to the extent such information is pub- Mr. PAUL) submitted an amendment in- Secretary of State and USAID Adminis- licly available. tended to be proposed to amendment trator, as appropriate, and the Comptroller (b) In gathering publicly available infor- SA 3900 proposed by Mr. MCCONNELL General shall consult with the Committees mation on investigations and civil or crimi- (for Mr. BLUNT (for himself, Mr. GRA- on Appropriations prior to obligating such nal actions described in subsection (a), the HAM, Mr. COCHRAN, Mrs. MURRAY, and funds. Secretary of Veterans Affairs shall— Mr. LEAHY)) to the amendment SA 3896 RESCISSION (1) consult the heads of other Federal agen- proposed by Ms. COLLINS (for herself, SEC. ll. Of the unobligated balances cies and, as practicable, State attorneys gen- Mr. KIRK, Mr. REED, and Mr. TESTER) available under the heading ‘‘Operating Ex- eral; and penses’’ in title IX of the Department of (2) review any reports required to be filed to the bill H.R. 2577, making appropria- State, Foreign Operations, and Related Pro- with the Securities and Exchange Commis- tions for the Departments of Transpor- grams Appropriations Act, 2015 (division J of sion under section 13 or section 15(d) of the tation, and Housing and Urban Devel- Public Law 113–235), $10,000,000 are rescinded: Securities Exchange Act of 1934 (15 U.S.C. opment, and related agencies for the Provided, That such amounts are designated 78m and 78o(d)), including Form 10–Q and fiscal year ending September 30, 2016, by the Congress as an emergency require- Form 10–K. and for other purposes; which was or- ment pursuant to section 251(b)(2)(A)(i) of (c) To ensure that the information required dered to lie on the table; as follows: the Balanced Budget and Emergency Deficit under subsection (a) is presented in the most At the end, add the following: Control Act of 1985. useful and effective way possible for vet- SEC. . Amounts provided for in this erans, the Secretary of Veterans Affairs ll CHAPTER 3 title shall, prior to appropriating any sums shall consult with the Secretary of Edu- out of any money in the Treasury not other- GENERAL PROVISIONS—THIS TITLE cation, the Bureau of Consumer Financial wise appropriated, be transferred from the EXTENSION OF AUTHORITIES AND PROVISIONS Protection, and veteran and consumer advo- following: SEC. ll. Unless otherwise provided for by cates. (1) $250,000,000 from the unobligated bal- this title, the additional amounts made ances made available under the heading available pursuant to this title for fiscal SA 3957. Mr. LEE submitted an ‘‘Public Health and Social Services Emer- year 2016 are subject to the requirements for amendment intended to be proposed to gency Fund (Including Transfer of Funds)’’ funds contained in the Consolidated Appro- amendment SA 3900 proposed by Mr. in title VI of the Departments of Labor, priations Act, 2016 (Public Law 114–113). MCCONNELL (for Mr. BLUNT (for him- Health and Human Services, and Education, PERSONAL SERVICE CONTRACTORS self, Mr. GRAHAM, Mr. COCHRAN, Mrs. and Related Agencies Appropriations Act, SEC. ll. Funds made available by this MURRAY, and Mr. LEAHY)) to the 2015 (division G of Public Law 113–235) for the title to support response efforts related to amendment SA 3896 proposed by Ms. purpose of other preparation and response. the Zika virus and related health outcomes, (2) $384,000,000 from the unobligated bal- other vector-borne diseases, or other infec- COLLINS (for herself, Mr. KIRK, Mr. ances made available under the heading tious diseases may be used to enter into con- REED, and Mr. TESTER) to the bill H.R. ‘‘CDC-Wide Activities and Program Support tracts with individuals for the provision of 2577, making appropriations for the De- (Including Transfer of Funds)’’ in title VI of personal services (as described in section 104 partments of Transportation, and the Departments of Labor, Health and of part 37 of title 48, Code of Federal Regula- Housing and Urban Development, and Human Services, and Education, and Related tions (48 CFR 37.104)), within the United related agencies for the fiscal year end- Agencies Appropriations Act, 2015 (division G States and abroad, subject to prior consulta- ing September 30, 2016, and for other of Public Law 113–235) for supporting na- tion with, and the notification procedures of, purposes; which was ordered to lie on tional public health institutes and global the Committees on Appropriations: Provided, health security. That such individuals may not be deemed the table; as follows: (3) $466,000,000 from the unobligated bal- employees of the United States for the pur- At the end, add the following: ances made available under the heading

VerDate Sep 11 2014 04:40 May 18, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.032 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2890 CONGRESSIONAL RECORD — SENATE May 17, 2016 ‘‘Funds Appropriated to the President’’ gram under subpart II of part B of title XIX under section 47115 to conduct airport devel- under the heading ‘‘Bilateral Economic As- of the Public Health Service Act; opment to repair the runway safety area of sistance’’ in title IX of the Department of (2) $10,000,000 is for the Medication Assisted the airport damaged as a result of a natural State, Foreign Operations, and Related Pro- Treatment for Prescription Drug and Opioid disaster in order to maintain compliance grams Appropriations Act, 2015 (division J of Addiction program of the Programs of Re- with the regulations of the Federal Aviation Public Law 113–235). gional and National Significance within the Administration relating to runway safety Center for Substance Abuse Treatment; and areas, without regard to whether construc- SA 3959. Mrs. SHAHEEN (for herself, (3) $5,000,000 is for the Recovery Commu- tion of the runway safety area damaged was Mr. KING, Ms. BALDWIN, Mr. MANCHIN, nity Services program of the Programs of carried out using amounts the airport re- and Ms. AYOTTE) submitted an amend- Regional and National Significance within ceived under this subchapter. ment intended to be proposed to the Center for Substance Abuse Treatment. ‘‘(b) AIRPORTS DESCRIBED.—An airport is described in this subsection if— amendment SA 3896 proposed by Ms. (b) CENTERS FOR DISEASE CONTROL AND PREVENTION.—In addition to any amounts ‘‘(1) the airport is a public-use airport; COLLINS (for herself, Mr. KIRK, Mr. otherwise made available, there is appro- ‘‘(2) the airport is listed in the National REED, and Mr. TESTER) to the bill H.R. priated, out of any money in the Treasury Plan of Integrated Airport Systems of the 2577, making appropriations for the De- not otherwise appropriated, for fiscal year Federal Aviation Administration; partments of Transportation, and 2017, $50,000,000, to remain available until ex- ‘‘(3) the runway safety area of the airport Housing and Urban Development, and pended, to the Centers for Disease Control was damaged as a result of a natural dis- related agencies for the fiscal year end- and Prevention of the Department of Health aster; ing September 30, 2016, and for other and Human Services, for prescription drug ‘‘(4) the airport was denied funding under the Robert T. Stafford Disaster Relief and purposes; which was ordered to lie on monitoring programs, community health system interventions, and rapid response Emergency Assistance Act (42 U.S.C. 4121 et the table; as follows: projects: Provided, That such amount is des- seq.) with respect to the disaster; At the appropriate place in division A, in- ignated by the Congress as an emergency re- ‘‘(5) the operator of the airport has ex- sert the following: quirement pursuant to section 251(b)(2)(A)(i) hausted all legal remedies, including legal SEC. ll. DEPARTMENT OF JUSTICE. of the Balanced Budget and Emergency Def- action against any parties (or insurers there- (a) STATE AND LOCAL LAW ENFORCEMENT icit Control Act of 1985 (2 U.S.C. of) whose action or inaction may have con- ASSISTANCE.—In addition to any amounts 901(b)(2)(A)(i)). tributed to the need for the repair of the run- otherwise made available, there is appro- way safety area; priated, out of any money in the Treasury SA 3960. Mr. PETERS (for himself ‘‘(6) there is still a demonstrated need for not otherwise appropriated, for fiscal year and Ms. STABENOW) submitted an the runway safety area to accommodate cur- 2017, $240,000,000, to remain available until amendment intended to be proposed to rent or imminent aeronautical demand; and expended, to the Department of Justice for amendment SA 3900 proposed by Mr. ‘‘(7) the cost of repairing or replacing the runway safety area is reasonable in relation State law enforcement initiatives (which MCCONNELL (for Mr. BLUNT (for him- shall include a 30 percent pass-through to lo- to the anticipated operational benefit of re- self, Mr. GRAHAM, Mr. COCHRAN, Mrs. calities) under the Edward Byrne Memorial pairing the runway safety area, as deter- Justice Assistance Grant program, as au- MURRAY, and Mr. LEAHY)) to the mined by the Administrator of the Federal thorized by subpart 1 of part E of title I of amendment SA 3896 proposed by Ms. Aviation Administration.’’. the Omnibus Crime Control and Safe Streets COLLINS (for herself, Mr. KIRK, Mr. (b) The analysis for chapter 471, as amend- Act of 1968 (42 U.S.C. 3750 et seq.) (except REED, and Mr. TESTER) to the bill H.R. ed by this subtitle, is further amended by in- that section 1001(c) of such Act (42 U.S.C. 2577, making appropriations for the De- serting after the item relating to section 3793(c)) shall not apply for purposes of this partments of Transportation, and 47143 the following: Act), to be used, notwithstanding such sub- Housing and Urban Development, and ‘‘47144. Use of funds for repairs for runway safety repairs.’’. part 1, for a comprehensive program to com- related agencies for the fiscal year end- bat the heroin and opioid crisis, and for asso- ciated criminal justice activities, including ing September 30, 2016, and for other SA 3962. Mr. HOEVEN submitted an approved treatment alternatives to incarcer- purposes; which was ordered to lie on amendment intended to be proposed to ation: Provided, That such amount is des- the table; as follows: amendment SA 3896 proposed by Ms. ignated by the Congress as an emergency re- On page 4, line 24, strike ‘‘$88,000,000’’ and COLLINS (for herself, Mr. KIRK, Mr. quirement pursuant to section 251(b)(2)(A)(i) insert ‘‘$50,000,000 shall be transferred to the REED, and Mr. TESTER) to the bill H.R. of the Balanced Budget and Emergency Def- head of the Department of Health and 2577, making appropriations for the De- icit Control Act of 1985 (2 U.S.C. Human Services to carry out programs that partments of Transportation, and 901(b)(2)(A)(i)). serve pregnant women, infants, toddlers, and (b) COMMUNITY ORIENTED POLICING SERV- preschoolers, and help families care for their Housing and Urban Development, and ICES PROGRAMS.—In addition to any other children through early, comprehensive related agencies for the fiscal year end- amount for ‘‘Community Oriented Policing health services, in communities affected by ing September 30, 2016, and for other Services Programs’’ for competitive grants water polluted by lead or a toxic pollutant as purposes; which was ordered to lie on to State law enforcement agencies in States the result of an event for which the Presi- the table; as follows: with high rates of primary treatment admis- dent has declared an emergency, and After section 191 of title I of division A, sions for heroin or other opioids, there is ap- $38,000,000’’. add the following: propriated, out of any money in the Treas- SEC. 1lll. Section 127 of title 23, United ury not otherwise appropriated, for fiscal SA 3961. Mr. MANCHIN submitted an States Code, is amended by adding at the end year 2017, $10,000,000, to remain available amendment intended to be proposed to the following: until expended: Provided, That such amount amendment SA 3896 proposed by Ms. ‘‘(u) VEHICLES IN NORTH DAKOTA.—A vehi- is designated by the Congress as an emer- COLLINS (for herself, Mr. KIRK, Mr. cle limited or prohibited under this section gency requirement pursuant to section from operating on a segment of the Inter- 251(b)(2)(A)(i) of the Balanced Budget and REED, and Mr. TESTER) to the bill H.R. 2577, making appropriations for the De- state System in the State of North Dakota Emergency Deficit Control Act of 1985 (2 may operate on such a segment if such vehi- U.S.C. 901(b)(2)(A)(i)). partments of Transportation, and cle— SEC. ll. DEPARTMENT OF HEALTH AND HUMAN Housing and Urban Development, and ‘‘(1) has a gross vehicle weight of 129,000 SERVICES. related agencies for the fiscal year end- pounds or less; (a) SUBSTANCE ABUSE AND MENTAL HEALTH ing September 30, 2016, and for other ‘‘(2) other than gross vehicle weight, com- SERVICES ADMINISTRATION.—In addition to purposes; as follows: plies with the single axle, tandem axle, and any amounts otherwise made available for At the appropriate place in division A, in- bridge formula limits set forth in subsection ‘‘Substance Abuse Treatment’’, there is ap- sert the following: (a); and propriated, out of any money in the Treas- SEC. lll. (a) Subchapter I of chapter 471, ‘‘(3) is authorized to operate on such seg- ury not otherwise appropriated, for fiscal as amended by this subtitle, is further ment under North Dakota State law.’’. year 2017, $300,000,000, to remain available amended by adding at the end the following: until expended: Provided, That such amount SA 3963. Mr. GARDNER submitted an is designated by the Congress as an emer- ‘‘§ 47144. Use of funds for repairs for runway amendment intended to be proposed to safety repairs gency requirement pursuant to section amendment SA 3896 proposed by Ms. 251(b)(2)(A)(i) of the Balanced Budget and ‘‘(a) IN GENERAL.—The Secretary of Trans- COLLINS (for herself, Mr. KIRK, Mr. Emergency Deficit Control Act of 1985 (2 portation may make project grants under U.S.C. 901(b)(2)(A)(i)): Provided further, That this subchapter to an airport described in REED, and Mr. TESTER) to the bill H.R. of the amount provided— subsection (b) from funds under section 47114 2577, making appropriations for the De- (1) $285,000,000 is for the Substance Abuse apportioned to that airport or funds avail- partments of Transportation, and Prevention and Treatment block grant pro- able for discretionary grants to that airport Housing and Urban Development, and

VerDate Sep 11 2014 04:40 May 18, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.030 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2891 related agencies for the fiscal year end- Provided further, That to take effect, the four SEC. 251. For each veteran seeking assist- ing September 30, 2016, and for other previous provisos do not require issuance or ance from the Department of Veterans Af- purposes; which was ordered to lie on amendment of any regulation, and shall not fairs to purchase a home, for purposes of the the table; as follows: be construed to confer hearing rights under veteran receiving a timely appraisal on a any section of NAHASDA or its imple- home, the Secretary of Veterans Affairs At the appropriate place in division A, in- menting regulations: Provided further, That shall disclose to the veteran that the veteran sert the following: the Department will notify grantees of their may pay the entity conducting the appraisal SEC. ll. (a) None of the funds appro- formula allocation within 60 days of the date an amount in excess of the amount provided priated or otherwise made available by this of enactment of this Act; on the Appraisal Fee Schedule issued by the Act may be obligated or expended to permit (2) $2,000,000 shall be made available for the Department. United States airspace to be used for a flight cost of guaranteed notes and other obliga- operated to transfer an individual detained tions, as authorized by title VI of SA 3967. Mr. PAUL submitted an at Guantanamo to a State, territory, or pos- NAHASDA: Provided, That such costs, in- amendment intended to be proposed to session of the United States. cluding the costs of modifying such notes (b) In this section, the term ‘‘individual de- amendment SA 3896 proposed by Ms. and other obligations, shall be as defined in COLLINS (for herself, Mr. KIRK, Mr. tained at Guantanamo’’ means any indi- section 502 of the Congressional Budget Act REED, and Mr. TESTER) to the bill H.R. vidual who— of 1974, as amended: Provided further, That (1) is in detention, on or after January 20, these funds are available to subsidize the 2577, making appropriations for the De- 2009, at United States Naval Station, Guan- total principal amount of any notes and partments of Transportation, and tanamo Bay, Cuba; other obligations, any part of which is to be Housing and Urban Development, and (2) is not a citizen of the United States or guaranteed, not to exceed $17,857,142 to re- related agencies for the fiscal year end- a member of the Armed Forces of the United main available until September 30, 2021; ing September 30, 2016, and for other States; and (3) $60,000,000 shall be for grants to Indian (3) is— purposes; which was ordered to lie on tribes for carrying out the Community De- the table; as follows: (A) in the custody or under the control of velopment Block Grant program as author- On page 41, strike lines 12 through 25 and the Department of Defense; or ized under title I of the Housing and Commu- insert the following: (B) otherwise under detention at United nity Development Act of 1974, notwith- ‘‘(89) United States Route 67 from Inter- States Naval Station, Guantanamo Bay, standing section 106(a)(1) of such Act, of state 40 in North Little Rock, Arkansas, to Cuba. which, up to $4,000,000 may be used for emer- United States Route 412. gencies that constitute imminent threats to ‘‘(90) The Edward T. Breathitt Parkway SA 3964. Mr. BARRASSO submitted health and safety notwithstanding any other from Interstate 24 to Interstate 69.’’. an amendment intended to be proposed provision of law (including section 204 of this (b) INCLUSION OF CERTAIN ROUTE SEGMENTS to amendment SA 3896 proposed by Ms. title): Provided, That not to exceed 20 percent ON INTERSTATE SYSTEM.—Section of any grant made with funds appropriated COLLINS (for herself, Mr. KIRK, Mr. 1105(e)(5)(A) of the Intermodal Surface under this paragraph shall be expended for REED, and Mr. TESTER) to the bill H.R. Transportation Efficiency Act of 1991 is planning and management development and 2577, making appropriations for the De- amended in the first sentence by striking administration; and partments of Transportation, and ‘‘and subsection (c)(83)’’ and inserting ‘‘sub- (4) $2,000,000 shall be to support the inspec- Housing and Urban Development, and section (c)(83), subsection (c)(89), and sub- tion of Indian housing units, contract exper- section (c)(90)’’. related agencies for the fiscal year end- tise, training, and technical assistance needs (c) DESIGNATION.—Section 1105(e)(5)(C)(i) of ing September 30, 2016, and for other in Indian country related to funding pro- purposes; which was ordered to lie on the Intermodal Surface Transportation Effi- vided under this heading. ciency Act of 1991 is amended by adding at the table; as follows: the end the following: ‘‘The route referred to Beginning on page 101, strike line 5 and all SA 3965. Mr. INHOFE (for himself in subsection (c)(89) is designated as Inter- that follows through page 104, line 2, and in- and Mr. LANKFORD) submitted an state Route I–57. The route referred to in sert the following: amendment intended to be proposed to subsection (c)(90) is designated as Interstate (1) $650,000,000 shall be available for the In- amendment SA 3896 proposed by Ms. Route I–169.’’. dian Housing Block Grant program, as au- COLLINS (for herself, Mr. KIRK, Mr. thorized under title I of NAHASDA: Provided, REED, and Mr. TESTER) to the bill H.R. SA 3968. Mr. PAUL submitted an That, notwithstanding NAHASDA, to deter- 2577, making appropriations for the De- amendment intended to be proposed to mine the amount of the allocation under amendment SA 3896 proposed by Ms. title I of such Act for each Indian tribe, the partments of Transportation, and COLLINS (for herself, Mr. KIRK, Mr. Secretary shall apply the formula under sec- Housing and Urban Development, and tion 302 of such Act with the need component related agencies for the fiscal year end- REED, and Mr. TESTER) to the bill H.R. based on single-race census data and with ing September 30, 2016, and for other 2577, making appropriations for the De- the need component based on multi-race cen- purposes; which was ordered to lie on partments of Transportation, and sus data, and the amount of the allocation the table; as follows: Housing and Urban Development, and for each Indian tribe shall be the greater of At the end of title II of division B, add the related agencies for the fiscal year end- the two resulting allocation amounts: Pro- following: ing September 30, 2016, and for other vided further, That notwithstanding section SEC. 251. From the amount made available purposes; which was ordered to lie on 302(d) of NAHASDA, if on January 1, 2017, a in this title under the heading ‘‘Medical Sup- the table; as follows: recipient’s total amount of undisbursed port and Compliance’’, not less than block grant funds in the Department’s line of At the appropriate place in division A, in- $18,000,000 shall be made available to Direc- sert the following: credit control system is greater than three tors of Veterans Integrated Service Net- times the formula allocation it would other- SEC. ll. None of the funds appropriated works to contract with appropriate non-De- or otherwise made available by this Act may wise receive under the first proviso under partment of Veterans Affairs entities to as- this paragraph, the Secretary shall adjust be obligated or expended to regulate, either sess, evaluate, and improve the health care directly or indirectly and including by re- that recipient’s formula allocation down by delivery by and business operations of med- the difference between its total amount of quiring an environmental impact statement ical centers of the Department under the ju- or similar analysis required under the Na- undisbursed block grant funds in the Depart- risdiction of each such Director. ment’s line of credit control system on Janu- tional Environmental Policy Act of 1969 (42 ary 1, 2017, and three times the formula allo- U.S.C. 4321 et seq.), the acquisition, use, SA 3966. Mr. DAINES submitted an transfer, or disposal of property at an airport cation it would otherwise receive: Provided amendment intended to be proposed to further, That notwithstanding the previous for airfield or non-airfield development ac- two provisos, no Indian tribe shall receive an amendment SA 3896 proposed by Ms. tivities if— allocation amount greater than 10 percent of COLLINS (for herself, Mr. KIRK, Mr. (a) the property was not financed with Fed- the total amount made available under this REED, and Mr. TESTER) to the bill H.R. eral funding; and (b) the acquisition, use, transfer, or dis- paragraph: Provided further, That grant 2577, making appropriations for the De- posal of the property does not impair the amounts not allocated to a recipient pursu- partments of Transportation, and safety, utility, or efficiency of aircraft oper- ant to the previous two provisos shall be al- Housing and Urban Development, and ations at the airport. located under the need component of the for- related agencies for the fiscal year end- mula proportionately among all other Indian ing September 30, 2016, and for other Mr. INHOFE (for himself tribes not subject to an adjustment under SA 3969. such provisos: Provided further, That the sec- purposes; which was ordered to lie on and Mr. LANKFORD) submitted an ond and third provisos shall not apply to any the table; as follows: amendment intended to be proposed to Indian tribe that would otherwise receive a At the end of title II of division B, add the amendment SA 3896 proposed by Ms. formula allocation of less than $8,000,000: following: COLLINS (for herself, Mr. KIRK, Mr.

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Mr. DURBIN (for himself the extent that the student’s tuition, fees, or 2577, making appropriations for the De- and Ms. WARREN) submitted an amend- other institutional charges are satisfied by— partments of Transportation, and ment intended to be proposed to ‘‘(I) grant funds provided by an outside Housing and Urban Development, and amendment SA 3896 proposed by Ms. source that— ‘‘(aa) has no affiliation with the institu- COLLINS (for herself, Mr. KIRK, Mr. related agencies for the fiscal year end- tion; and ing September 30, 2016, and for other REED, and Mr. TESTER) to the bill H.R. ‘‘(bb) shares no employees with the institu- purposes; which was ordered to lie on 2577, making appropriations for the De- tion; and the table; as follows: partments of Transportation, and ‘‘(II) institutional scholarships described At the end of title II of division B, add the Housing and Urban Development, and in clause (v); following: related agencies for the fiscal year end- ‘‘(iv) include no loans made by an institu- SEC. 251. From the amount made available ing September 30, 2016, and for other tion of higher education as revenue to the in this title under the heading ‘‘Medical Sup- purposes; which was ordered to lie on school, except for payments made by stu- port and Compliance’’, up to $18,000,000 shall the table; as follows: dents on such loans; be made available to Directors of Veterans ‘‘(v) include a scholarship provided by the At the end of title IV of division B (before Integrated Service Networks to contract institution— the short title), insert the following: with appropriate non-Department of Vet- SEC. ll. (a) Section 102(b) of the Higher ‘‘(I) only if the scholarship is in the form of erans Affairs entities to assess, evaluate, and Education Act of 1965 (20 U.S.C. 1002(b)) is monetary aid based upon the academic improve the health care delivery by and amended— achievements or financial need of students, business operations of medical centers of the (1) in paragraph (1)— disbursed to qualified student recipients dur- Department under the jurisdiction of each (A) in subparagraph (D), by striking ‘‘and’’ ing each fiscal year from an established re- such Director. after the semicolon; stricted account; and ‘‘(II) only to the extent that funds in that SA 3970. Ms. COLLINS (for herself (B) in subparagraph (E), by striking the pe- riod and inserting ‘‘; and’’; and account represent designated funds, or in- and Mr. REED) submitted an amend- (C) by adding at the end the following: come earned on such funds, from an outside ment intended to be proposed to ‘‘(F) meets the requirements of paragraph source that— amendment SA 3896 proposed by Ms. (2).’’; ‘‘(aa) has no affiliation with the institu- COLLINS (for herself, Mr. KIRK, Mr. (2) by redesignating paragraph (2) as para- tion; and REED, and Mr. TESTER) to the bill H.R. graph (3); and ‘‘(bb) shares no employees with the institu- 2577, making appropriations for the De- (3) by inserting after paragraph (1) the fol- tion; and partments of Transportation, and lowing: ‘‘(vi) exclude from revenues— ‘‘(2) REVENUE SOURCES.— ‘‘(I) the amount of funds the institution re- Housing and Urban Development, and ceived under part C of title IV, unless the in- related agencies for the fiscal year end- ‘‘(A) IN GENERAL.—In order to qualify as a proprietary institution of higher education stitution used those funds to pay a student’s ing September 30, 2016, and for other under this subsection, an institution shall institutional charges; purposes; which was ordered to lie on derive not less than 15 percent of the institu- ‘‘(II) the amount of funds the institution the table; as follows: tion’s revenues from sources other than Fed- received under subpart 4 of part A of title IV; At the appropriate place in division A, in- eral funds, as calculated in accordance with ‘‘(III) the amount of funds provided by the sert the following: subparagraphs (B) and (C). institution as matching funds for any Fed- SEC. ll. None of the funds made available ‘‘(B) FEDERAL FUNDS.—In this paragraph, eral program; by this Act may be used by the Department the term ‘Federal funds’ means any Federal ‘‘(IV) the amount of Federal funds provided of Housing and Urban Development to direct financial assistance provided, under this Act to the institution to pay institutional a grantee to undertake specific changes to or any other Federal law, through a grant, charges for a student that were refunded or existing zoning laws as part of carrying out contract, subsidy, loan, guarantee, insur- returned; and the final rule entitled ‘‘Affirmatively Fur- ance, or other means to a proprietary insti- ‘‘(V) the amount charged for books, sup- thering Fair Housing’’ (80 Fed. Reg. 42272 tution, including Federal financial assist- plies, and equipment, unless the institution (July 16, 2015)) or the notice entitled ‘‘Af- ance that is disbursed or delivered to an in- includes that amount as tuition, fees, or firmatively Furthering Fair Housing Assess- stitution or on behalf of a student or to a other institutional charges. ment Tool’’ (79 Fed. Reg. 57949 (September student to be used to attend the institution, ‘‘(D) REPORT TO CONGRESS.—Not later than 26, 2014)). except that such term shall not include any July 1, 2016, and by July 1 of each succeeding monthly housing stipend provided under the year, the Secretary shall submit to the au- SA 3971. Mr. BENNET submitted an Post-9/11 Veterans Educational Assistance thorizing committees a report that contains, amendment intended to be proposed to Program under chapter 33 of title 38, United for each proprietary institution of higher amendment SA 3896 proposed by Ms. States Code. education that receives assistance under title IV and as provided in the audited finan- COLLINS (for herself, Mr. KIRK, Mr. ‘‘(C) IMPLEMENTATION OF NON-FEDERAL REV- ENUE REQUIREMENT.—In making calculations cial statements submitted to the Secretary REED, and Mr. TESTER) to the bill H.R. by each institution pursuant to the require- 2577, making appropriations for the De- under subparagraph (A), an institution of higher education shall— ments of section 487(c)— partments of Transportation, and ‘‘(i) use the cash basis of accounting; ‘‘(i) the amount and percentage of such in- Housing and Urban Development, and ‘‘(ii) consider as revenue only those funds stitution’s revenues received from Federal related agencies for the fiscal year end- generated by the institution from— funds; and ing September 30, 2016, and for other ‘‘(I) tuition, fees, and other institutional ‘‘(ii) the amount and percentage of such in- purposes; as follows: charges for students enrolled in programs el- stitution’s revenues received from other sources.’’. At the end of title II of division B, add the igible for assistance under title IV; following: ‘‘(II) activities conducted by the institu- (b) Section 487 of the Higher Education Act SEC. 251. MONTHLY ASSISTANCE ALLOWANCE tion that are necessary for the education and of 1965 (20 U.S.C. 1094) is amended— FOR DISABLED VETERANS COM- training of the institution’s students, if such (1) in subsection (a)— PETING ON OLYMPIC TEAMS. activities are— (A) by striking paragraph (24); Section 322(d)(1) of title 38, United States ‘‘(aa) conducted on campus or at a facility (B) by redesignating paragraphs (25) Code, is amended— under the control of the institution; through (29) as paragraphs (24) through (28), (1) by striking ‘‘allowance to a veteran’’ ‘‘(bb) performed under the supervision of a respectively; and inserting the following: ‘‘allowance to— member of the institution’s faculty; and (C) in paragraph (24)(A)(ii) (as redesignated ‘‘(A) a veteran’’; ‘‘(cc) required to be performed by all stu- by subparagraph (B)), by striking ‘‘sub- (2) in subparagraph (A), as designated by dents in a specific educational program at section (e)’’ and inserting ‘‘subsection (d)’’; paragraph (1), by striking the period at the the institution; and and end and inserting ‘‘; and’’; and ‘‘(III) a contractual arrangement with a (D) in paragraph (26) (as redesignated by (3) by adding at the end the following new Federal agency for the purpose of providing subparagraph (B)), by striking ‘‘subsection subparagraph: job training to low-income individuals who (h)’’ and inserting ‘‘subsection (g)’’; ‘‘(B) a veteran with a service-connected are in need of such training; (2) by striking subsection (d); disability rated as 30 percent or greater by ‘‘(iii) presume that any Federal funds that (3) by redesignating subsections (e) the Department who is selected by the are disbursed or delivered to an institution through (j) as subsections (d) through (i), re- United States Olympic Committee for the on behalf of a student or directly to a stu- spectively; United States Olympic Team for any month dent will be used to pay the student’s tui- (4) in subsection (f)(1) (as redesignated by in which the veteran is competing in any tion, fees, or other institutional charges, re- paragraph (3)), by striking ‘‘subsection event sanctioned by the National Governing gardless of whether the institution credits (e)(2)’’ and inserting ‘‘subsection (d)(2)’’; and Bodies of the United States Olympic such funds to the student’s account or pays (5) in subsection (g)(1) (as redesignated by Sports.’’. such funds directly to the student, except to paragraph (3)), by striking ‘‘subsection

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(a)(27)’’ in the matter preceding subpara- (2) to reduce administrative burdens on (3) CHARTER CONTRACT TERMS.—A charter graph (A) and inserting ‘‘subsection (a)(26)’’. public housing agencies providing such as- contract shall provide that a public housing (c) The Higher Education Act of 1965 (20 sistance; agency— U.S.C. 1001 et seq.) is amended— (3) to give incentives to assisted families (A) may— (1) in section 152 (20 U.S.C. 1019a)— to work and become economically self-suffi- (i) combine assistance received under sec- (A) in subsection (a)(1)(A), by striking cient; tions 8 and 9 of the United States Housing ‘‘subsections (a)(27) and (h) of section 487’’ (4) to increase housing choices for low-in- Act of 1937 (42 U.S.C. 1437f and 1437g), as de- and inserting ‘‘subsections (a)(26) and (g) of come families; and scribed in subsection (c)(3); and section 487’’; and (5) to enhance the ability of low-income el- (ii) use such assistance to provide housing (B) in subsection (b)(1)(B)(i)(I), by striking derly residents and persons with disabilities assistance and related services for activities ‘‘section 487(e)’’ and inserting ‘‘section to live independently. authorized by this section, including those 487(d)’’; (c) MOVING TO WORK CHARTER PROGRAM AU- activities authorized by sections 8 and 9 of (2) in section 153(c)(3) (20 U.S.C. 1019b(c)(3)), THORITY.— such Act; by striking ‘‘section 487(a)(25)’’ each place (1) CONTRACT AUTHORITY.— (B) certify that in preparing its application (A) IN GENERAL.—Subject to the phase-in the term appears and inserting ‘‘section for participation in the Moving to Work requirements under subparagraph (B), the 487(a)(24)’’; Charter program established under this sec- Secretary shall enter into charter contracts, (3) in section 496(c)(3)(A) (20 U.S.C. tion, such agency has— beginning in fiscal year 2017, with not more 1099b(c)(3)(A)), by striking ‘‘section 487(f)’’ (i) provided for citizen participation than 250 public housing agencies admin- and inserting ‘‘section 487(e)’’; and through a public hearing and, if appropriate, (4) in section 498(k)(1) (20 U.S.C. istering the public housing program or as- sistance provided under section 8 of the other means; and 1099c(k)(1)), by striking ‘‘section 487(f)’’ and (ii) taken into account comments from the inserting ‘‘section 487(e)’’. United States Housing Act of 1937 (42 U.S.C. 1437f). public hearing and any other public com- ments on the proposed activities under this SA 3973. Mr. VITTER submitted an (B) PHASE-IN.—The phase-in requirements under this subparagraph are as follows: section, including comments from current amendment intended to be proposed to (i) By the end of fiscal year 2017, the Sec- and prospective residents who would be af- amendment SA 3896 proposed by Ms. retary shall have entered into charter con- fected by such contract; COLLINS (for herself, Mr. KIRK, Mr. tracts with not less than 80 public housing (C) shall ensure that not less than 75 per- REED, and Mr. TESTER) to the bill H.R. agencies described in subparagraph (A). cent of the families assisted under a charter 2577, making appropriations for the De- (ii) By the end of fiscal year 2018, the Sec- contract shall be, at the time of such fami- partments of Transportation, and retary shall have entered into charter con- lies’ entry into the Moving to Work Charter tracts with not less than 160 public housing program, very low-income families; Housing and Urban Development, and (D) shall establish a reasonable rent policy, related agencies for the fiscal year end- agencies described in subparagraph (A). (iii) By the end of fiscal year 2019, the Sec- which shall— ing September 30, 2016, and for other retary shall have entered into charter con- (i) be designed to encourage employment, purposes; which was ordered to lie on tracts with not less than 250 public housing self-sufficiency, and homeownership by par- the table; as follows: agencies described in subparagraph (A). ticipating families, consistent with the pur- At the end of title II of division B, add the (2) CHARTER CONTRACTS.—A charter con- poses of this section; following: tract shall— (ii) include transition and hardship provi- SEC. 251. During fiscal year 2017, the Sec- (A) supersede and have a term commensu- sions; retary of Veterans Affairs may not pay any rate with any annual contributions contract (iii) be included in the annual plan of such bonus to an individual in a Senior Executive between a public housing agency and the agency; and position (as defined in section 3132(a) of title Secretary; and (iv) be subject to the opportunities for pub- 5, United States Code) in the Department of (B) provide that a participating public lic participation described in subsection Veterans Affairs who is employed within housing agency shall receive— (f)(1)(C)(iv); Veterans Integrated Service Network 16. (i) capital and operating assistance allo- (E) shall continue to assist not less than cated to such agency under section 9 of the substantially the same total number of low- SA 3974. Mr. VITTER submitted an United States Housing Act of 1937 (42 U.S.C. income families as would have been served amendment intended to be proposed to 1437g); and had such agency not entered into such con- tract; amendment SA 3896 proposed by Ms. (ii) assistance provided under section 8 of the United States Housing Act of 1937 (42 (F) shall maintain a comparable mix of COLLINS (for herself, Mr. KIRK, Mr. U.S.C. 1437f). families (by family size) as would have been REED, and Mr. TESTER) to the bill H.R. (3) USE OF ASSISTANCE.—Any assistance provided had the agency not entered into 2577, making appropriations for the De- provided under paragraph (2)(B)— such contract; partments of Transportation, and (A) may be combined; and (G) shall ensure that housing assisted Housing and Urban Development, and (B) shall be used to provide locally de- under such contract meets housing quality related agencies for the fiscal year end- signed housing assistance for low-income standards established or approved by the ing September 30, 2016, and for other families, including— Secretary; (H) shall receive training and technical as- purposes; which was ordered to lie on (i) services to facilitate the transition to work and self-sufficiency; and sistance, upon request by such agency, to as- the table; as follows: (ii) any other activity which a public hous- sist with the design and implementation of At the end of title II, add the following: ing agency is authorized to undertake pursu- the activities described under this section; SEC. ll. (a) DEFINITIONS.—In this sec- ant to State or local law. (I) shall receive an amount of assistance tion— (d) TERMS AND CONDITIONS OF ASSIST- under sections 8 and 9 of the United States (1) the term ‘‘families’’ has the meaning ANCE.— Housing Act of 1937 (42 U.S.C. 1437f and 1437g) given that term in section 3(b)(3) of the (1) APPLICABILITY OF UNITED STATES HOUS- that is not diminished by the participation United States Housing Act of 1937 (42 U.S.C. ING ACT OF 1937.—Except as provided in this of such agency in the Moving to Work Char- 1437a(b)(3)); subsection, the United States Housing Act of ter program established under this section; (2) the term ‘‘low-income families’’ has the 1937 (42 U.S.C. 1437 et seq.) shall not be appli- (J) shall be subject to the procurement meaning given that term in section 3(b)(2) of cable to any public housing agency partici- procedures described in such contract; the United States Housing Act of 1937 (42 pating in the Moving to Work Charter pro- (K) shall ensure that each family receiving U.S.C. 1437a(b)(2)); gram established under this section. housing assistance— (3) the term ‘‘Secretary’’ means the Sec- (2) APPLICABLE 1937 ACT PROVISIONS.—The (i) is engaged in work activities that would retary of Housing and Urban Development; following provisions of the United States count toward satisfying the monthly work and Housing Act of 1937 (42 U.S.C. 1437 et seq.) are participation rates applicable to the State in (4) the term ‘‘very low-income families’’ applicable to any public housing agency par- which such public housing agency is located has the meaning given that term in section ticipating in the Moving to Work Charter for purposes of the State temporary assist- 3(b)(2) of the United States Housing Act of program established under this section: ance to needy families program funded under 1937 (42 U.S.C. 1437a(b)(2)). (A) Subsections (a) and (b) of section 12 (42 part A of title IV of the Social Security Act (b) PURPOSES.—The purposes of this section U.S.C. 1437j (a) and (b)) shall apply to hous- (42 U.S.C. 601 et seq.) if the family were re- are— ing assisted under a charter contract, other ceiving assistance or benefits under that pro- (1) to give public housing agencies and the than housing assisted solely due to occu- gram; or Secretary the flexibility to design and imple- pancy by families receiving tenant based (ii) would qualify under that program to an ment various approaches for providing and rental assistance. exception to engaging in such work activi- administering housing assistance that (B) Section 18 (42 U.S.C. 1437p) shall con- ties; and achieves greater cost effectiveness in using tinue to apply to public housing developed (L) shall provide housing assistance to Federal housing assistance to address local under such Act notwithstanding any use of families assisted under a charter contract for housing needs for low-income families; the housing under a charter contract. not more than 5 years.

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(e) SELECTION.—In selecting among public the Secretary may prescribe as reasonably tracts, public housing industry organiza- housing agency applications to participate necessary— tions, resident organizations, other public in the Moving to Work Charter program es- (A) to disclose the amounts and the dis- housing and section 8 voucher stakeholders, tablished under this section, the Secretary position of amounts under the Moving to and experts on accreditation systems in shall consider— Work Charter program established under similar fields, to assess and develop a dem- (1) the potential of each agency to plan and this section; onstration program to test standards, cri- carry out activities under such program; (B) to ensure compliance with the require- teria, and practices for a national public (2) the relative performance by an agency ments of this section; and housing agency accreditation system or under section 6(j) of the United States Hous- (C) to measure performance. other evaluation system. ing Act of 1937 (42 U.S.C. 1437d(j)); (2) ACCESS TO DOCUMENTS BY THE SEC- (2) REPORT.—Not later than the end of fis- (3) the need for a diversity of participants RETARY.— cal year 2019, the committee established in terms of size, location, and type of agen- (A) IN GENERAL.—The Secretary shall have under paragraph (1) and the Secretary shall cy; and access for the purpose of audit and examina- provide a report and recommendations to (4) any other appropriate factor as deter- tion to any books, documents, papers, and Congress with respect to the establishment mined by the Secretary. records that are pertinent to assistance in of a national public housing agency accredi- (f) CHARTER REPORT.— connection with, and the requirements of, tation system. (1) CONTENTS.— this section. (A) IN GENERAL.—Notwithstanding any (B) LIMITATION.—Access by the Secretary SA 3975. Mr. FLAKE (for himself and other provision of law, and in place of all described under subparagraph (A) shall be Mr. RUBIO) submitted an amendment other planning and reporting requirements limited to information obtained solely intended to be proposed by him to the otherwise required, each public housing through the annual charter report submitted bill H.R. 2577, making appropriations agency that is a party to a charter contract by a public housing agency under subsection for the Departments of Transportation, shall submit to the Secretary, on an annual (f), unless the Secretary has reason to be- and Housing and Urban Development, basis, a single charter report, in a form and lieve that such agency is not in compliance and related agencies for the fiscal year at a time specified by the Secretary. with the charter contract between the Sec- retary and such agency. ending September 30, 2016, and for (B) SOLE MEANS OF REPORTING.—A charter other purposes; which was ordered to report submitted under subparagraph (A) (3) ACCESS TO DOCUMENTS BY THE COMP- shall be the sole means by which a public TROLLER GENERAL.—The Comptroller General lie on the table; as follows: housing agency shall be required to provide of the United States, or any duly authorized At the appropriate place in division A, in- information to the Secretary on the activi- representative of the Comptroller General, sert the following: ties assisted under this section during a fis- shall have access for the purpose of audit and SEC. ll. None of the funds made available cal year, unless the Secretary has reason to examination to any books, documents, pa- under this division may be used by the Fed- believe that such agency has violated the pers, and records that are pertinent to as- eral Government to interfere with State and charter contract between the Secretary and sistance in connection with, and the require- local inspections of public housing dwelling units. such agency. ments of the Moving to Work Charter pro- (C) REQUIREMENTS.—Each charter report gram established under this section. (h) PROCUREMENT PREEMPTION.— SA 3976. Mr. FLAKE submitted an required under subparagraph (A) shall— amendment intended to be proposed by (i) document the use by a public housing (1) IN GENERAL.—Any State or local law agency of any assistance provided under a which imposes procedures or standards for him to the bill H.R. 2577, making ap- charter contract, including appropriate fi- procurement which conflict with or are more propriations for the Departments of nancial statements; burdensome than applicable Federal procure- Transportation, and Housing and (ii) describe and analyze the effect of as- ment requirements shall not apply to any Urban Development, and related agen- sisted activities in addressing the objectives public housing agency under the Moving to cies for the fiscal year ending Sep- of this section; Work Charter program established under tember 30, 2016, and for other purposes; (iii) include a certification by such agency this section. which was ordered to lie on the table; (2) REDUCTION OF ADMINISTRATIVE BUR- that such agency has prepared an annual as follows: plan which— DENS.—The Secretary may approve procure- At the appropriate place in division A, in- (I) states the goals and objectives of that ment procedures for public housing agencies sert the following: agency under the charter contract for the participating in the Moving to Work Charter program established under this section that SEC. ll. (a) In this section, the term past fiscal year; ‘‘covered agency’’ means— (II) describes the proposed use of assistance reduce administrative burdens of procure- ment requirements imposed by Federal law. (1) the Department of Housing and Urban by that agency for activities under the char- Development; ter contract for the past fiscal year; (i) SUBSEQUENT LAWS PREEMPTED.—A pub- lic housing agency participating in the Mov- (2) the Department of Transportation; (III) explains how the proposed activities (3) the Federal Maritime Commission; of that agency will meet the goals and objec- ing to Work Charter program established under this section shall not be subject to any (4) the National Railroad Passenger Cor- tives of that agency; poration; (IV) includes appropriate budget and finan- provision of law which conflicts with the provisions of this section and which is en- (5) the National Transportation Safety cial statements of that agency; and acted subsequent to the date of execution of Board; (V) was prepared in accordance with a pub- such agency’s charter contract or Moving to (6) the Neighborhood Reinvestment Cor- lic process as described in clause (iv); Work program agreement, as described in poration; and (iv) describe and document how a public subsection (j), unless such law expressly pro- (7) the United States Interagency Council housing agency has provided residents as- vides for such law’s application to public on Homelessness. sisted under a charter contract and the wider housing agencies subject to this section. (b) Not later than 1 year after the date of community with opportunities to participate (j) EXISTING AGREEMENTS.—Notwith- enactment of this Act, and every year there- in the development of and comment on the standing anything in this section or any after, the Director of the Office of Manage- annual plan, which shall include not less other provision of law, any public housing ment and Budget shall submit to Congress than 1 public hearing; and agency which has an existing Moving to and post on the website of the Office of Man- (v) include such other information as may Work program agreement with the Secretary agement and Budget a report on projects be required by the Secretary pursuant to pursuant to section 204 of the Departments funded by a covered agency— subsection (g)(2). of Veterans Affairs and Housing and Urban (1) that are more than 5 years behind (2) REVIEW.—Any charter report submitted Development, and Independent Agencies Ap- schedule; or pursuant to paragraph (1) shall be deemed propriations Act, 1996 (Public Law 104–134; (2) for which the amount spent on the approved unless the Secretary, not later 110 Stat. 1321–281) and which is not in default project is not less than $1,000,000,000 more than 45 days after the date of submission of thereof, may, at the option of such agency— than the original cost estimate for the such report, issues a written disapproval be- (1) continue to operate under the terms project. cause— and conditions of such agreement notwith- (c) Each report submitted and posted under (A) the Secretary reasonably determines, standing any limitation on the terms con- subsection (b) shall include, for each project based on information contained in the re- tained in such contract; or included in the report— port, that a public housing agency is not in (2) at any time, enter into a charter con- (1) a brief description of the project, in- compliance with the provisions of this sec- tract with the Secretary on terms and condi- cluding— tion or other applicable law; or tions which are not less favorable to the (A) the purpose of the project; (B) such report is inconsistent with other agency than such existing agreement. (B) each location in which the project is reliable information available to the Sec- (k) PUBLIC HOUSING AGENCY EVALUATION.— carried out; retary. (1) IN GENERAL.—Not later than the end of (C) the year in which the project was initi- (g) RECORDS AND AUDITS.— fiscal year 2017, the Secretary shall appoint ated; and (1) KEEPING OF RECORDS.—Each public a Federal advisory committee consisting of (D) each primary contractor and grant re- housing agency shall keep such records as public housing agencies with charter con- cipient for the project;

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(2) the original expected date for comple- SEC. 251. Not later than September 30, 2017, shall prepare and submit to Congress a re- tion of the project; the Secretary of Veterans Affairs shall— port on the community development block (3) the current expected date for comple- (1) submit to the Committee on Appropria- grant program under title I of the Housing tion of the project; tions and the Committee on Veterans’ Af- and Community Development Act of 1974 (42 (4) the original cost estimate for the fairs of the Senate and the Committee on U.S.C. 5301 et seq.) that describes— project; Appropriations and the Committee on Vet- (1) how the Secretary could devise a sys- (5) the current cost estimate for the erans’ Affairs of the House of Representa- tem of consolidated reporting of expendi- project; tives an itemized accounting of the use of tures and accomplishments by grant recipi- (6) an explanation for a delay in comple- Federal award GU1103 in the amount of ents under the program in an easily analyz- tion or increase in the original cost estimate $3,265,487 that was awarded in 2013 to ren- able format, which would include— for the project; and ovate a veteran’s cemetery in Guam under (A) a cost-benefit analysis of each project (7) recommendations to reduce the cost for the Veterans Cemetery Grants Program of that a grant recipient has funded using the project that may require legislative ac- the Department of Veterans Affairs; and amounts provided under the program, includ- tion. (2) publish such itemized accounting on a ing— publicly available Internet website of the (i) the number of people the project was ex- SA 3977. Mr. FLAKE submitted an Department. pected to help; amendment intended to be proposed to (ii) the number of people the project actu- amendment SA 3896 proposed by Ms. SA 3980. Mr. FLAKE (for himself and ally helped; and COLLINS (for herself, Mr. KIRK, Mr. Mr. MCCAIN) submitted an amendment (iii) the number of houses rehabilitated or REED, and Mr. TESTER) to the bill H.R. intended to be proposed to amendment removed due to blight; 2577, making appropriations for the De- SA 3896 proposed by Ms. COLLINS (for (B) a description of how each grant recipi- partments of Transportation, and herself, Mr. KIRK, Mr. REED, and Mr. ent validated the self-reported information described in subparagraph (A); and TESTER) to the bill H.R. 2577, making Housing and Urban Development, and (C) a description of how to tie the outcome related agencies for the fiscal year end- appropriations for the Departments of data described in clauses (ii) and (iii) of sub- ing September 30, 2016, and for other Transportation, and Housing and paragraph (A) to census tract or block group purposes; which was ordered to lie on Urban Development, and related agen- data to enable independent researchers to the table; as follows: cies for the fiscal year ending Sep- validate the outcomes; and At the end of division B, add the following: tember 30, 2016, and for other purposes; (2) measures that the Secretary could SEC. 410. (a) None of the funds made avail- which was ordered to lie on the table; adopt to identify viable urban communities able in this Act may be used to award a con- as follows: that can serve as models for other commu- nities trying to rehabilitate certain neigh- struction contract on behalf of the Federal At the end of title II of division B, add the borhoods, which measures shall be tied to Government— following: census tract or block group data, such as (1) in any solicitation, bid specification, SEC. 251. Not later than September 30, 2017, communities— project agreement, or other controlling doc- the Secretary of Veterans Affairs shall sub- (A) in which not more than 10 percent of ument to require or prohibit a bidder, offer- mit to Congress a plan on modernizing the households have an income at or below the or, contractor, or subcontractor to enter system of the Veterans Health Administra- poverty level; into or adhere to an agreement with a labor tion for processing claims by non-Depart- (B) in which the median wage is not less organization; or ment of Veterans Affairs health care pro- than 90 percent of the median wage for the (2) to discriminate against or give pref- viders for reimbursement for health care pro- metropolitan statistical area; erence to such a bidder, offeror, contractor, vided to veterans under the laws adminis- (C) in which the unemployment rate is not or subcontractor based on their entering into tered by the Secretary. or refusing to enter into an agreement with more than 8 percent; or a labor organization. SA 3981. Mr. FLAKE (for himself, Mr. (D) that meet 2 of the 3 criteria under sub- (b) Subsection (a) does not apply to any paragraphs (A) through (C). TOOMEY, Mr. COATS, and Mr. PAUL) sub- construction contract awarded before the date of the enactment of this Act. mitted an amendment intended to be SA 3983. Mr. FLAKE submitted an proposed to amendment SA 3896 pro- amendment intended to be proposed to SA 3978. Mr. FLAKE submitted an posed by Ms. COLLINS (for herself, Mr. amendment SA 3896 proposed by Ms. amendment intended to be proposed to KIRK, Mr. REED, and Mr. TESTER) to the COLLINS (for herself, Mr. KIRK, Mr. amendment SA 3896 proposed by Ms. bill H.R. 2577, making appropriations REED, and Mr. TESTER) to the bill H.R. COLLINS (for herself, Mr. KIRK, Mr. for the Departments of Transportation, 2577, making appropriations for the De- REED, and Mr. TESTER) to the bill H.R. and Housing and Urban Development, partments of Transportation, and 2577, making appropriations for the De- and related agencies for the fiscal year Housing and Urban Development, and partments of Transportation, and ending September 30, 2016, and for related agencies for the fiscal year end- Housing and Urban Development, and other purposes; which was ordered to ing September 30, 2016, and for other related agencies for the fiscal year end- lie on the table; as follows: purposes; which was ordered to lie on ing September 30, 2016, and for other At the appropriate place in division A, in- the table; as follows: purposes; which was ordered to lie on sert the following: At the appropriate place in title I of divi- the table; as follows: SEC. ll. None of the funds made available in this division may be used to provide hous- sion A, insert the following: At the end of title II of division B, add the SEC. ll. None of the funds made available ing assistance under section 3 or section 8 of following: under this title may be used for the the United States Housing Act of 1937 (42 SEC. 251. Notwithstanding any other provi- VelociRFTA bus rapid transit project in U.S.C. 1437a and 1437f) to any family whose sion of this Act, the Secretary of Veterans Roaring Fork Valley, Colorado. Affairs may not provide any allowance in income for the most recent 2 consecutive connection with a permanent change of sta- years has exceeded 120 percent of the median SA 3984. Mr. FLAKE submitted an income for the area in which the family re- tion to an individual in a Senior Executive amendment intended to be proposed to Service position (as defined in section 3132(a) sides. of title 5, United States Code) at the Depart- amendment SA 3896 proposed by Ms. ment of Veterans Affairs. SA 3982. Mr. FLAKE submitted an COLLINS (for herself, Mr. KIRK, Mr. amendment intended to be proposed to REED, and Mr. TESTER) to the bill H.R. SA 3979. Mr. FLAKE submitted an amendment SA 3896 proposed by Ms. 2577, making appropriations for the De- amendment intended to be proposed to COLLINS (for herself, Mr. KIRK, Mr. partments of Transportation, and amendment SA 3896 proposed by Ms. REED, and Mr. TESTER) to the bill H.R. Housing and Urban Development, and COLLINS (for herself, Mr. KIRK, Mr. 2577, making appropriations for the De- related agencies for the fiscal year end- REED, and Mr. TESTER) to the bill H.R. partments of Transportation, and ing September 30, 2016, and for other 2577, making appropriations for the De- Housing and Urban Development, and purposes; which was ordered to lie on partments of Transportation, and related agencies for the fiscal year end- the table; as follows: Housing and Urban Development, and ing September 30, 2016, and for other On page 64, line 21, strike ‘‘$5,000,000’’ and related agencies for the fiscal year end- purposes; which was ordered to lie on insert ‘‘$3,000,000’’. ing September 30, 2016, and for other the table; as follows: purposes; which was ordered to lie on At the appropriate place in title II of divi- SA 3985. Mr. RUBIO submitted an the table; as follows: sion A, insert the following: amendment intended to be proposed to At the end of title II of division B, add the SEC. ll. Not later than 90 days after the amendment SA 3896 proposed by Ms. following: date of enactment of this Act, the Secretary COLLINS (for herself, Mr. KIRK, Mr.

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Mr. MENENDEZ (for him- tary consumer.’’; the table; as follows: (2) in section 605A (15 U.S.C. 1681c–1)— self, Mr. BROWN, Mr. BOOKER, Ms. On page 152, line 13, insert ‘‘The Secretary (A) in subsection (c)— BALDWIN, and Mr. FRANKEN) submitted may refuse to withdraw the Notice of De- (i) by redesignating paragraphs (1), (2), and fault upon receipt of a petition from the an amendment intended to be proposed (3) as subparagraphs (A), (B), and (C), respec- Governor of the State in which the deficient to amendment SA 3896 proposed by Ms. tively, and adjusting the margins accord- property is located.’’ after ‘‘Default.’’. COLLINS (for herself, Mr. KIRK, Mr. ingly; REED, and Mr. TESTER) to the bill H.R. (ii) in the matter preceding subparagraph SA 3986. Mr. RUBIO submitted an 2577, making appropriations for the De- (A), as so redesignated, by striking ‘‘Upon’’ amendment intended to be proposed to partments of Transportation, and and inserting the following: amendment SA 3896 proposed by Ms. Housing and Urban Development, and ‘‘(1) IN GENERAL.—Upon’’; and COLLINS (for herself, Mr. KIRK, Mr. related agencies for the fiscal year end- (iii) by adding at the end the following: REED, and Mr. TESTER) to the bill H.R. ing September 30, 2016, and for other ‘‘(2) NEGATIVE INFORMATION NOTIFICATION.— 2577, making appropriations for the De- purposes; which was ordered to lie on If a consumer reporting agency receives an partments of Transportation, and the table; as follows: item of adverse information about a con- sumer who has provided appropriate proof At the appropriate place in division B, in- Housing and Urban Development, and that the consumer is an active duty military sert the following: related agencies for the fiscal year end- consumer, the consumer reporting agency SEC. ll. MILITARY FAMILIES CREDIT REPORT- ing September 30, 2016, and for other shall promptly notify the consumer, accord- purposes; which was ordered to lie on ING ACT. (a) SHORT TITLE.—This section may be ing to a frequency, manner, and timeliness the table; as follows: cited as the ‘‘Military Families Credit Re- determined by the Bureau or specified by the On page 85, line 10, insert ‘‘Provided further, porting Act’’. consumer— That the Secretary may provide replacement (b) NOTICE OF STATUS AS AN ACTIVE DUTY ‘‘(A) that the consumer reporting agency vouchers for units operated by management MILITARY CONSUMER.—The Fair Credit Re- has received the item of adverse informa- or ownership that has been declared in de- porting Act (15 U.S.C. 1681 et seq.) is amend- tion, along with a description of the item; fault of a Housing Assistance Payments con- ed— and tract due to physical deficiencies:’’ after (1) in section 605 (15 U.S.C. 1681c), by add- ‘‘(B) the method by which the consumer ‘‘funds:’’. ing at the end the following: may dispute the validity of the item. ‘‘(i) NOTICE OF STATUS AS AN ACTIVE DUTY ‘‘(3) CONTACT INFORMATION FOR ACTIVE DUTY SA 3987. Mr. MENENDEZ submitted MILITARY CONSUMER.— MILITARY CONSUMERS.— an amendment intended to be proposed ‘‘(1) IN GENERAL.—With respect to an item ‘‘(A) IN GENERAL.—If a consumer who has of adverse information about a consumer provided appropriate proof to a consumer re- by him to the bill S. 2806, making ap- that arises from the failure of the consumer propriations for military construction, porting agency that the consumer is an ac- to make any required payment on a debt or tive duty military consumer provides the the Department of Veterans Affairs, other obligation, if the action or inaction consumer reporting agency with contact in- and related agencies for the fiscal year that gave rise to the item occurred while the formation for the purpose of communicating ending September 30, 2017, and for consumer was an active duty military con- with the consumer while the consumer is an other purposes; which was ordered to sumer, the consumer may provide appro- active duty military consumer, the con- lie on the table; as follows: priate proof, including official orders, to a sumer reporting agency shall use that con- consumer reporting agency that the con- At the end of title II, add the following: tact information for all communications sumer was an active duty military consumer while the consumer is an active duty mili- CERTAIN SERVICE DEEMED TO BE ACTIVE at the time such action or inaction occurred, tary consumer. MILITARY SERVICE and any consumer report provided by the ‘‘(B) DIRECT REQUEST.—Unless the con- consumer reporting agency that includes the SEC. 251. (a) IN GENERAL.—For purposes of sumer directs otherwise, the provision of item shall clearly and conspicuously disclose section 401(a)(1)(A) of the GI Bill Improve- contact information by the consumer under that the consumer was an active duty mili- ment Act of 1977 (38 U.S.C. 106 note), the Sec- subparagraph (A) shall be deemed to be a re- retary of Defense is deemed to have deter- tary consumer when the action or inaction that gave rise to the item occurred. quest for the consumer to receive an active mined that qualified service of an individual duty alert under paragraph (1). constituted active military service. ‘‘(2) MODEL FORM.—The Bureau shall pre- ‘‘(4) SENSE OF CONGRESS.—It is the sense of (b) DETERMINATION OF DISCHARGE STATUS.— pare a model form, which shall be made pub- Congress that any person making use of a The Secretary of Defense shall issue an hon- licly available, including in an electronic consumer report that contains an item of ad- orable discharge under section 401(a)(1)(B) of format, by which a consumer may— verse information should, if the action or in- the GI Bill Improvement Act of 1977 to each ‘‘(A) notify, and provide appropriate proof action that gave rise to the item occurred person whose qualified service warrants an to, a consumer reporting agency in a simple while the consumer was an active duty mili- honorable discharge. Such discharge shall be and easy manner, including electronically, tary consumer, take such fact into account issued before the end of the one-year period that the consumer is or was an active duty when evaluating the creditworthiness of the beginning on the date of the enactment of military consumer; and consumer.’’; and this Act. ‘‘(B) provide contact information of the (B) in subsection (e), by striking paragraph (c) PROHIBITION OF RETROACTIVE BENE- consumer for the purpose of communicating (3) and inserting the following: FITS.—No benefits may be paid to any indi- with the consumer while the consumer is an vidual as a result of the enactment of this active duty military consumer. ‘‘(3) subparagraphs (A) and (B) of sub- Act for any period before the date of the en- ‘‘(3) NO ADVERSE CONSEQUENCES.—Notice, section (c)(1), in the case of a referral under actment of this Act. whether provided by the model form de- subsection (c)(1)(C).’’; and (d) QUALIFIED SERVICE DEFINED.—In this scribed in paragraph (2) or otherwise, that a (3) in section 611(a)(1) (15 U.S.C. 1681i(a)(1)), section, the term ‘‘qualified service’’ means consumer is or was an active duty military by adding at the end the following: service of an individual as a member of the consumer may not provide the sole basis ‘‘(D) NOTICE OF DISPUTE RELATED TO ACTIVE organization known as the United States for— DUTY MILITARY CONSUMERS.—With respect to Cadet Nurse Corps during the period begin- ‘‘(A) with respect to a credit transaction an item of information described under sub- ning on July 1, 1943, and ending on December between the consumer and a creditor, a cred- paragraph (A) that is under dispute, if the 15, 1945. itor— consumer to whom the item relates has noti- ‘‘(i) denying an application of credit sub- fied the consumer reporting agency, and has SA 3988. Mr. MENENDEZ (for him- mitted by the consumer; provided appropriate proof, that the con- self, Mr. SANDERS, and Mr. BROWN) sub- ‘‘(ii) revoking an offer of credit made to sumer was an active duty military consumer mitted an amendment intended to be the consumer by the creditor; at the time the action or inaction that gave rise to the disputed item occurred, the con- proposed to amendment SA 3896 pro- ‘‘(iii) changing the terms of an existing credit arrangement with the consumer; or sumer reporting agency shall— posed by Ms. COLLINS (for herself, Mr. ‘‘(iv) refusing to grant credit to the con- ‘‘(i) include that fact in the file of the con- KIRK, Mr. REED, and Mr. TESTER) to the sumer in a substantially similar amount or sumer; and bill H.R. 2577, making appropriations on substantially similar terms requested by ‘‘(ii) indicate that fact in each consumer for the Departments of Transportation, the consumer; report that includes the disputed item.’’.

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(a) None of the funds made avail- amendment intended to be proposed to ment, health outcomes at such facilities, and able in this Act may be used to deny an In- amendment SA 3896 proposed by Ms. quality of care at such facilities as the Sec- spector General funded under this Act timely retary considers appropriate. access to any records, documents, or other COLLINS (for herself, Mr. KIRK, Mr. (3) SEARCHABILITY.—The Secretary shall materials available to the department or REED, and Mr. TESTER) to the bill H.R. ensure that the Internet database required agency over which that Inspector General 2577, making appropriations for the De- by paragraph (1) is searchable by State, city, has responsibilities under the Inspector Gen- partments of Transportation, and and facility. eral Act of 1978 (5 U.S.C. App.), or to prevent Housing and Urban Development, and (4) PERSONAL INFORMATION.—The Secretary or impede that Inspector General’s access to related agencies for the fiscal year end- shall ensure that personal information con- such records, documents, or other materials, ing September 30, 2016, and for other nected to information published under para- under any provision of law, except a provi- purposes; which was ordered to lie on graph (1) is protected from disclosure as re- sion of law that expressly refers to the In- spector General and expressly limits the In- the table; as follows: quired by applicable law. (b) COMPTROLLER GENERAL REPORT.—Not spector General’s right of access. At the end of title II of division B, add the later than 180 days after the date of the en- (b) A department or agency covered by this following: actment of this Act, the Comptroller General section shall provide its Inspector General PROHIBITION ON RECOVERY OF OVERPAYMENT of the United States shall submit to Con- with access to all such records, documents, OF COMPENSATION PAID TO INCARCERATED IN- gress a report setting forth recommenda- and other materials in a timely manner. DIVIDUALS EXCEPT IN THE CASE OF FRAUD, tions for additional elements to be included (c) Each Inspector General shall ensure MISREPRESENTATION, OR BAD FAITH with the information published under sub- compliance with statutory limitations on SEC. 251. Section 5313 of title 38, United section (a) to improve the evaluation and as- disclosure relevant to the information pro- States Code, is amended— sessment of the safety and health of individ- vided by the establishment over which that (1) by redesignating subsection (e) as sub- uals receiving health care under the laws ad- Inspector General has responsibilities under section (f); and ministered by the Secretary and the quality the Inspector General Act of 1978 (5 U.S.C. (2) by inserting after subsection (d) the fol- of health care received by such individuals. App.). (d) Each Inspector General covered by this lowing new subsection (e): Mr. JOHNSON submitted an ‘‘(e) The Secretary may not recover from a SA 3992. section shall report to the Committees on person the amount of any compensation that amendment intended to be proposed to Appropriations of the House of Representa- should have been reduced under this section amendment SA 3896 proposed by Ms. tives and the Senate within 5 calendar days after the date that is 180 days after the date COLLINS (for herself, Mr. KIRK, Mr. any failures to comply with this require- on which such amount should have been re- REED, and Mr. TESTER) to the bill H.R. ment. duced under this section unless the Sec- 2577, making appropriations for the De- SA 3994. Mr. JOHNSON submitted an retary determines that the person com- partments of Transportation, and mitted fraud, misrepresentation, or bad faith amendment intended to be proposed to Housing and Urban Development, and amendment SA 3896 proposed by Ms. that resulted in such amount not being re- related agencies for the fiscal year end- COLLINS (for herself, Mr. KIRK, Mr. duced.’’. ing September 30, 2016, and for other REED, and Mr. TESTER) to the bill H.R. purposes; which was ordered to lie on SA 3991. Mr. JOHNSON submitted an 2577, making appropriations for the De- the table; as follows: amendment intended to be proposed to partments of Transportation, and amendment SA 3896 proposed by Ms. At the appropriate place in division A, in- Housing and Urban Development, and sert the following: COLLINS (for herself, Mr. KIRK, Mr. SEC. ll. (a) None of the funds made avail- related agencies for the fiscal year end- REED, and Mr. TESTER) to the bill H.R. able in this Act may be used to deny an In- ing September 30, 2016, and for other 2577, making appropriations for the De- spector General funded under this Act timely purposes; which was ordered to lie on partments of Transportation, and access to any records, documents, or other the table; as follows: Housing and Urban Development, and materials available to the department or At the appropriate place in division B, in- related agencies for the fiscal year end- agency over which that Inspector General sert the following: has responsibilities under the Inspector Gen- ing September 30, 2016, and for other TITLE ll—WHISTLEBLOWER purposes; which was ordered to lie on eral Act of 1978 (5 U.S.C. App.), or to prevent or impede that Inspector General’s access to PROTECTIONS the table; as follows: such records, documents, or other materials, SEC. ll01. SHORT TITLE. At the end of title II of division B, add the under any provision of law, except a provi- This title may be cited as the ‘‘Dr. Chris following: sion of law that expressly refers to the In- Kirkpatrick Whistleblower Protection Act of SEC. 251. PUBLICATION OF INFORMATION ON spector General and expressly limits the In- 2016’’. PROVISION OF HEALTH CARE BY DE- spector General’s right of access. Subtitle A—Employees Generally PARTMENT OF VETERANS AFFAIRS. (b) A department or agency covered by this SEC. ll11. DEFINITIONS. (a) PUBLICATION OF INFORMATION.— section shall provide its Inspector General In this subtitle— (1) IN GENERAL.—Not later than 180 days with access to all such records, documents, (1) the terms ‘‘agency’’ and ‘‘personnel ac- after the date of the enactment of this Act, and other materials in a timely manner. tion’’ have the meanings given such terms and every 180 days thereafter, the Secretary (c) Each Inspector General shall ensure under section 2302 of title 5, United States of Veterans Affairs shall publish on an Inter- compliance with statutory limitations on Code; and net database of the Department of Veterans disclosure relevant to the information pro- (2) the term ‘‘employee’’ means an em- Affairs available to the public information vided by the establishment over which that ployee (as defined in section 2105 of title 5, on the provision of health care by the De- Inspector General has responsibilities under United States Code) of an agency. partment. the Inspector General Act of 1978 (5 U.S.C. SEC. ll12. STAYS; PROBATIONARY EMPLOYEES. (2) ELEMENTS.— App.). (a) REQUEST BY SPECIAL COUNSEL.—Section (d) Each Inspector General covered by this (A) IN GENERAL.—Each publication re- 1214(b)(1) of title 5, United States Code, is quired by paragraph (1) shall include, with section shall report to the Committees on Appropriations of the House of Representa- amended by adding at the end the following: respect to each medical facility of the De- ‘‘(E) If the Merit Systems Protections tives and the Senate within 5 calendar days partment during the 180-day period preceding Board grants a stay under this subsection, any failures to comply with this require- such publication, the following: the head of the agency employing the em- ment. (i) The average length of stay for inpatient ployee shall give priority to a request for a care. transfer submitted by the employee.’’. (ii) A description of any hospital-acquired SA 3993. Mr. JOHNSON submitted an amendment intended to be proposed to (b) INDIVIDUAL RIGHT OF ACTION FOR PROBA- condition acquired by a patient. TIONARY EMPLOYEES.—Section 1221 of title 5, (iii) The rate of readmission of patients amendment SA 3896 proposed by Ms. United States Code, is amended by adding at within 30 days of release. COLLINS (for herself, Mr. KIRK, Mr. the end the following: (iv) The rate at which opioids are pre- REED, and Mr. TESTER) to the bill H.R. ‘‘(k) If the Merit Systems Protection Board scribed to each patient. 2577, making appropriations for the De- grants a stay to an employee in probationary (v) The average wait time for emergency partments of Transportation, and status under subsection (c), the head of the room treatment. Housing and Urban Development, and agency employing the employee shall give (vi) A description of any scheduling back- related agencies for the fiscal year end- priority to a request for a transfer submitted log with respect to patient appointments. by the employee.’’. (vii) The average number of patients seen ing September 30, 2016, and for other (c) STUDY REGARDING RETALIATION AGAINST per month by each primary care physician. purposes; which was ordered to lie on PROBATIONARY EMPLOYEES.—The Comp- (B) ADDITIONAL ELEMENTS.—The Secretary the table; as follows: troller General of the United States shall may include in each publication required by At the appropriate place in division B, in- submit to the Committee on Homeland Secu- paragraph (1) such additional information on sert the following: rity and Governmental Affairs of the Senate

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and the Committee on Oversight and Govern- in clause (i) or if the head of the agency de- (2) TECHNICAL AND CONFORMING AMEND- ment Reform of the House of Representa- termines that such evidence is not sufficient MENTS.— tives a report discussing retaliation against to reverse the proposed adverse action, the (A) Section 4505a(b)(2) of title 5, United employees in probationary status. head of the agency shall carry out the ad- States Code, is amended by striking ‘‘section SEC. ll13. ADEQUATE ACCESS OF SPECIAL verse action. 2302(d)’’ and inserting ‘‘section 2302(c)’’. COUNSEL TO INFORMATION. ‘‘(C) SCOPE OF PROCEDURES.—Paragraphs (1) (B) Section 5755(b)(2) of title 5, United Section 1212(b) of title 5, United States and (2) of subsection (b) of section 7513, sub- States Code, is amended by striking ‘‘section Code, is amended by adding at the end the section (c) of such section, paragraphs (1) 2302(d)’’ and inserting ‘‘section 2302(c)’’. following: and (2) of subsection (b) of section 7543, and (C) Section 110(b)(2) of the Whistleblower ‘‘(5) The Special Counsel, in carrying out subsection (c) of such section shall not apply Protection Enhancement Act of 2012 (5 this subchapter, is authorized to— with respect to an adverse action carried out U.S.C. 2302 note) is amended by striking ‘‘(A) have access to all records, reports, au- under this subsection. ‘‘section 2303(f)(1) or (2)’’ and inserting ‘‘sec- dits, reviews, documents, papers, rec- ‘‘(c) LIMITATION ON OTHER ADVERSE AC- tion 2303(e)(1) or (2)’’. ommendations, or other material available TIONS.—With respect to a prohibited per- (D) Section 704 of the Homeland Security to the applicable agency which relate to a sonnel action, if the head of the agency car- Act of 2002 (6 U.S.C. 344) is amended by strik- matter within the jurisdiction or authority ries out an adverse action against a super- ing ‘‘2302(c)’’ each place it appears and in- of the Special Counsel; and visor under another provision of law, the serting ‘‘2307’’. ‘‘(B) request from any agency such infor- head of the agency may carry out an addi- (E) Section 1217(d)(3) of the Panama Canal mation or assistance as may be necessary for tional adverse action under this section Act of 1979 (22 U.S.C. 3657(d)(3)) is amended carrying out the duties and responsibilities based on the same prohibited personnel ac- by striking ‘‘section 2302(d)’’ and inserting of the Special Counsel under this sub- tion.’’. ‘‘section 2302(c)’’. chapter.’’. (b) TECHNICAL AND CONFORMING AMEND- (F) Section 1233(b) of the Panama Canal SEC. ll14. PROHIBITED PERSONNEL PRAC- MENT.—The table of sections for subchapter Act of 1979 (22 U.S.C. 3673(b)) is amended by TICES. II of chapter 75 of title 5, United States Code, striking ‘‘section 2302(d)’’ and inserting ‘‘sec- Section 2302(b) of title 5, United States is amended by adding at the end the fol- tion 2302(c)’’. Code, is amended— lowing: (b) PROVISION OF INFORMATION.—Chapter 23 (1) in paragraph (12), by striking ‘‘or’’ at ‘‘7515. Discipline of supervisors based on re- of title 5, United States Code, is amended by the end; taliation against whistle- adding at the end the following: (2) in paragraph (13), by striking the period blowers.’’. ‘‘§ 2307. Information on whistleblower protec- at the end and inserting ‘‘; or’’; and SEC. ll16. SUICIDE BY EMPLOYEES. tions (3) by inserting after paragraph (13) the fol- (a) REFERRAL.—The head of an agency ‘‘(a) DEFINITIONS.—In this section— lowing: shall refer to the Office of Special Counsel, ‘‘(1) the term ‘agency’ has the meaning ‘‘(14) access the medical record of another along with any information known to the given that term in section 2302; employee for the purpose of retaliation for a agency regarding the circumstances de- ‘‘(2) the term ‘new employee’ means an in- disclosure or activity protected under para- scribed in paragraphs (2) and (3), any in- dividual— graph (8) or (9).’’. stance in which the head of the agency has ‘‘(A) appointed to a position as an em- SEC. ll15. DISCIPLINE OF SUPERVISORS BASED information indicating— ployee of an agency on or after the date of ON RETALIATION AGAINST WHISTLE- (1) an employee of the agency committed enactment of the Dr. Chris Kirkpatrick BLOWERS. suicide; Whistleblower Protection Act of 2016; and (a) IN GENERAL.—Subchapter II of chapter (2) prior to the death of the employee, the ‘‘(B) who has not previously served as an 75 of title 5, United States Code, is amended employee made any disclosure of informa- employee; and by adding at the end the following: tion which reasonably evidences— ‘‘(3) the term ‘whistleblower protections’ ‘‘§ 7515. Discipline of supervisors based on re- (A) any violation of any law, rule, or regu- means the protections against and remedies taliation against whistleblowers lation; or for a prohibited personnel practice described ‘‘(a) DEFINITIONS.—In this section— (B) gross mismanagement, a gross waste of in paragraph (8), subparagraph (A)(i), (B), ‘‘(1) the term ‘agency’ has the meaning funds, an abuse of authority, or a substantial (C), or (D) of paragraph (9), or paragraph (14) given that term under section 2302; and specific danger to public health or safe- of section 2302(b). ‘‘(2) the term ‘prohibited personnel action’ ty; and ‘‘(b) RESPONSIBILITIES OF HEAD OF AGEN- means taking or failing to take an action in (3) after a disclosure described in para- CY.—The head of each agency shall be re- violation of paragraph (8), (9), or (14) of sec- graph (2), a personnel action was taken sponsible for the prevention of prohibited tion 2302(b) against an employee of an agen- against the employee. personnel practices, for the compliance with cy; and (b) OFFICE OF SPECIAL COUNSEL REVIEW.— and enforcement of applicable civil service ‘‘(3) the term ‘supervisor’ means a super- For any referral to the Office of Special laws, rules, and regulations, and other as- visor, as defined under section 7103(a), who is Counsel under subsection (a), the Office of pects of personnel management, and for en- suring (in consultation with the Special employed by an agency, as defined under Special Counsel shall— Counsel and the Inspector General of the paragraph (1) of this subsection. (1) examine whether any personnel action agency) that employees of the agency are in- ‘‘(b) PROPOSED ADVERSE ACTIONS.— was taken because of any disclosure of infor- formed of the rights and remedies available ‘‘(1) IN GENERAL.—In accordance with para- mation described in subsection (a)(2); and to them under this chapter and chapter 12, graph (2), the head of an agency shall pro- (2) take any action the Office of Special including— pose against a supervisor whom the head of Counsel determines appropriate under sub- ‘‘(1) information regarding whistleblower that agency, an administrative law judge, chapter II of chapter 12 of title 5, United protections available to new employees dur- the Merit Systems Protection Board, the Of- States Code. ing the probationary period; fice of Special Counsel, an adjudicating body SEC. ll17. TRAINING FOR SUPERVISORS. ‘‘(2) the role of the Office of Special Coun- provided under a union contract, a Federal In consultation with the Office of Special sel and the Merit Systems Protection Board judge, or the Inspector General of the agency Counsel and the Inspector General of the with regard to whistleblower protections; determines committed a prohibited per- agency (or senior ethics official of the agen- and sonnel action the following adverse actions: cy for an agency without an Inspector Gen- ‘‘(3) how to make a lawful disclosure of in- ‘‘(A) With respect to the first prohibited eral), the head of each agency shall provide formation that is specifically required by personnel action, an adverse action that is training regarding how to respond to com- law or Executive order to be kept classified not less than a 12-day suspension. plaints alleging a violation of whistleblower in the interest of national defense or the ‘‘(B) With respect to the second prohibited protections (as defined in section 2307 of title conduct of foreign affairs to the Special personnel action, removal. 5, United States Code, as added by this sub- Counsel, the Inspector General of an agency, ‘‘(2) PROCEDURES.— title) available to employees of the agency— Congress, or other agency employee des- ‘‘(A) NOTICE.—A supervisor against whom (1) to employees appointed to supervisory ignated to receive such disclosures. an adverse action under paragraph (1) is pro- positions in the agency who have not pre- ‘‘(c) TIMING.—The head of each agency posed is entitled to written notice. viously served as a supervisor; and shall ensure that the information required to ‘‘(B) ANSWER AND EVIDENCE.— (2) on an annual basis, to all employees of be provided under subsection (b) is provided ‘‘(i) IN GENERAL.—A supervisor who is noti- the agency serving in a supervisory position. to each new employee of the agency not later fied under subparagraph (A) that the super- SEC. ll18. INFORMATION ON WHISTLEBLOWER than 6 months after the date the new em- visor is the subject of a proposed adverse ac- PROTECTIONS. ployee is appointed. tion under paragraph (1) is entitled to 14 (a) EXISTING PROVISION.— ‘‘(d) INFORMATION ONLINE.—The head of days following such notification to answer (1) IN GENERAL.—Section 2302 of title 5, each agency shall make available informa- and furnish evidence in support of the an- United States Code, is amended— tion regarding whistleblower protections ap- swer. (A) by striking subsection (c); and plicable to employees of the agency on the ‘‘(ii) NO EVIDENCE.—After the end of the 14- (B) by redesignating subsections (d), (e), public website of the agency, and on any on- day period described in clause (i), if a super- and (f) as subsections (c), (d), and (e), respec- line portal that is made available only to visor does not furnish evidence as described tively. employees of the agency if one exists.

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‘‘(e) DELEGEES.—Any employee to whom SEC. ll23. PROTOCOLS TO ADDRESS THREATS SEC. ll. (a) DEFINITIONS.—In this sec- the head of an agency delegates authority AGAINST EMPLOYEES OF THE DE- tion— for personnel management, or for any aspect PARTMENT OF VETERANS AFFAIRS. (1) the term ‘‘families’’ has the meaning The Secretary of Veterans Affairs shall en- thereof, shall, within the limits of the scope given that term in section 3(b)(3) of the sure protocols are in effect to address of the delegation, be responsible for the ac- United States Housing Act of 1937 (42 U.S.C. threats from individuals receiving health tivities described in subsection (b).’’. 1437a(b)(3)); care from the Department of Veterans Af- (c) TECHNICAL AND CONFORMING AMEND- (2) the term ‘‘low-income families’’ has the fairs directed towards employees of the De- MENT.—The table of sections for chapter 23 of partment who are providing such health meaning given that term in section 3(b)(2) of title 5, United States Code, is amended by care. the United States Housing Act of 1937 (42 adding at the end the following: U.S.C. 1437a(b)(2)); SEC. ll24. COMPTROLLER GENERAL OF THE ‘‘2307. Information on whistleblower protec- UNITED STATES STUDY ON AC- (3) the term ‘‘Secretary’’ means the Sec- tions.’’. COUNTABILITY OF CHIEFS OF PO- retary of Housing and Urban Development; LICE OF DEPARTMENT OF VET- and Subtitle B—Department of Veterans Affairs ERANS AFFAIRS MEDICAL CENTERS. (4) the term ‘‘very low-income families’’ Employees The Comptroller General of the United has the meaning given that term in section SEC. ll21. PREVENTION OF UNAUTHORIZED AC- States shall conduct a study to assess the re- 3(b)(2) of the United States Housing Act of CESS TO MEDICAL RECORDS OF EM- porting, staffing, accountability, and chain 1937 (42 U.S.C. 1437a(b)(2)). PLOYEES OF THE DEPARTMENT OF of command structure of the Department of VETERANS AFFAIRS. Veterans Affairs police officers at medical (b) PURPOSES.—The purposes of this section (a) DEVELOPMENT OF PLAN.— centers of the Department. are— (1) IN GENERAL.—Not later than 180 days (1) to give public housing agencies and the after the date of the enactment of this Act, SA 3995. Mr. JOHNSON submitted an Secretary the flexibility to design and imple- the Secretary of Veterans Affairs shall— amendment intended to be proposed to ment various approaches for providing and (A) develop a plan to prevent access to the amendment SA 3896 proposed by Ms. administering housing assistance that achieves greater cost effectiveness in using medical records of employees of the Depart- COLLINS (for herself, Mr. KIRK, Mr. Federal housing assistance to address local ment of Veterans Affairs by employees of the REED, and Mr. TESTER) to the bill H.R. Department who are not authorized to access housing needs for low-income families; 2577, making appropriations for the De- (2) to reduce administrative burdens on such records; partments of Transportation, and (B) submit to the appropriate committees public housing agencies providing such as- of Congress the plan developed under sub- Housing and Urban Development, and sistance; paragraph (A); and related agencies for the fiscal year end- (3) to give incentives to assisted families (C) upon request, provide a briefing to the ing September 30, 2016, and for other to work and become economically self-suffi- appropriate committees of Congress with re- purposes; which was ordered to lie on cient; spect to the plan developed under subpara- the table; as follows: (4) to increase housing choices for low-in- come families; and graph (A). At the end of title II of division B, add the (5) to enhance the ability of low-income el- (2) ELEMENTS.—The plan required under following: derly residents and persons with disabilities paragraph (1) shall include the following: SEC. 251. (a) REPORT ON OPIOID ABUSE AND to live independently. (A) A detailed assessment of strategic TREATMENT.—Not later than 180 days after goals of the Department for the prevention the date of the enactment of this Act, and (c) MOVING TO WORK CHARTER PROGRAM AU- of unauthorized access to the medical not less frequently than annually thereafter, THORITY.— records of employees of the Department. the Secretary of Veterans Affairs shall pub- (1) CONTRACT AUTHORITY.— (B) A list of circumstances in which an em- lish on a publicly available Internet website (A) IN GENERAL.—Subject to the phase-in ployee of the Department who is not a health of the Department of Veterans Affairs a re- requirements under subparagraph (B), the care provider or an assistant to a health care port that includes the following information: Secretary shall enter into charter contracts, provider would be authorized to access the (1) A comprehensive list of all facilities of beginning in fiscal year 2017, with not more medical records of another employee of the the Department offering an opioid abuse than 250 public housing agencies admin- Department. treatment program, including details on the istering the public housing program or as- (C) Steps that the Secretary will take to types of services available at each facility. sistance provided under section 8 of the acquire new or implement existing tech- (2) The number of veterans treated by a United States Housing Act of 1937 (42 U.S.C. nology to prevent an employee of the De- health care provider of the Department for 1437f). partment from accessing the medical records opioid abuse during the year preceding the (B) PHASE-IN.—The phase-in requirements of another employee of the Department with- publication of the report. under this subparagraph are as follows: out a specific need to access such records. (3) Of the veterans described in paragraph (i) By the end of fiscal year 2017, the Sec- (D) Steps the Secretary will take, includ- (2), the number treated for opioid abuse in retary shall have entered into charter con- ing plans to issue new regulations, as nec- conjunction with posttraumatic stress dis- tracts with not less than 80 public housing essary, to ensure that an employee of the De- order, depression, or anxiety. agencies described in subparagraph (A). partment may not access the medical (4) With respect to veterans receiving (ii) By the end of fiscal year 2018, the Sec- records of another employee of the Depart- treatment for opioid abuse— retary shall have entered into charter con- ment for the purpose of retrieving demo- (A) the average period of time veterans re- tracts with not less than 160 public housing graphic information if that demographic in- ported abusing opioids before beginning such agencies described in subparagraph (A). formation is available to the employee in an- treatment during the year preceding the (iii) By the end of fiscal year 2019, the Sec- other location or through another format. publication of the report; and retary shall have entered into charter con- (E) A proposed timetable for the imple- (B) the main reasons reported to the De- tracts with not less than 250 public housing mentation of such plan. partment by veterans as to how they came to agencies described in subparagraph (A). (F) An estimate of the costs associated receive such treatment, including self-refer- (2) CHARTER CONTRACTS.—A charter con- with implementing such plan. ral or recommendation by a physician or tract shall— (b) APPROPRIATE COMMITTEES OF CONGRESS family member. (A) supersede and have a term commensu- DEFINED.—In this section, the term ‘‘appro- (b) PROTECTION OF INFORMATION.—No infor- rate with any annual contributions contract priate committees of Congress’’ means— mation published under subsection (a) shall between a public housing agency and the (1) the Committee on Homeland Security include any information that personally Secretary; and and Governmental Affairs and the Com- identifies a veteran. (B) provide that a participating public mittee on Veterans’ Affairs of the Senate; housing agency shall receive— and SA 3996. Mr. VITTER submitted an (i) capital and operating assistance allo- (2) the Committee on Oversight and Gov- amendment intended to be proposed to cated to such agency under section 9 of the ernment Reform and the Committee on Vet- amendment SA 3896 proposed by Ms. United States Housing Act of 1937 (42 U.S.C. erans’ Affairs of the House of Representa- COLLINS (for herself, Mr. KIRK, Mr. 1437g); and tives. REED, and Mr. TESTER) to the bill H.R. (ii) assistance provided under section 8 of SEC. ll22. OUTREACH ON AVAILABILITY OF 2577, making appropriations for the De- the United States Housing Act of 1937 (42 MENTAL HEALTH SERVICES AVAIL- partments of Transportation, and U.S.C. 1437f). ABLE TO EMPLOYEES OF THE DE- Housing and Urban Development, and (3) USE OF ASSISTANCE.—Any assistance PARTMENT OF VETERANS AFFAIRS. related agencies for the fiscal year end- provided under paragraph (2)(B)— The Secretary of Veterans Affairs shall (A) may be combined; and conduct a program of outreach to employees ing September 30, 2016, and for other (B) shall be used to provide locally de- of the Department of Veterans Affairs to in- purposes; which was ordered to lie on signed housing assistance for low-income form those employees of any mental health the table; as follows: families, including— services, including telemedicine options, At the end of title II in Division A, add the (i) services to facilitate the transition to that are available to them. following: work and self-sufficiency; and

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(I) shall receive an amount of assistance sisted under a charter contract and the wider (d) TERMS AND CONDITIONS OF ASSIST- under sections 8 and 9 of the United States community with opportunities to participate ANCE.— Housing Act of 1937 (42 U.S.C. 1437f and 1437g) in the development of and comment on the (1) APPLICABILITY OF UNITED STATES HOUS- that is not diminished by the participation annual plan, which shall include not less ING ACT OF 1937.—Except as provided in this of such agency in the Moving to Work Char- than 1 public hearing; and subsection, the United States Housing Act of ter program established under this section; (v) include such other information as may 1937 (42 U.S.C. 1437 et seq.) shall not be appli- (J) shall be subject to the procurement be required by the Secretary pursuant to cable to any public housing agency partici- procedures described in such contract; subsection (g)(2). pating in the Moving to Work Charter pro- (K) shall ensure that each family receiving (2) REVIEW.—Any charter report submitted gram established under this section. housing assistance— pursuant to paragraph (1) shall be deemed (i) is engaged in work activities that would approved unless the Secretary, not later (2) APPLICABLE 1937 ACT PROVISIONS.—The following provisions of the United States count toward satisfying the monthly work than 45 days after the date of submission of Housing Act of 1937 (42 U.S.C. 1437 et seq.) are participation rates applicable to the State in such report, issues a written disapproval be- applicable to any public housing agency par- which such public housing agency is located cause— for purposes of the State temporary assist- (A) the Secretary reasonably determines, ticipating in the Moving to Work Charter ance to needy families program funded under based on information contained in the re- program established under this section: part A of title IV of the Social Security Act port, that a public housing agency is not in (A) Subsections (a) and (b) of section 12 (42 (42 U.S.C. 601 et seq.) if the family were re- compliance with the provisions of this sec- U.S.C. 1437j (a) and (b)) shall apply to hous- ceiving assistance or benefits under that pro- tion or other applicable law; or ing assisted under a charter contract, other gram; or (B) such report is inconsistent with other than housing assisted solely due to occu- (ii) would qualify under that program to an reliable information available to the Sec- pancy by families receiving tenant based exception to engaging in such work activi- retary. rental assistance. ties; and (g) RECORDS AND AUDITS.— (B) Section 18 (42 U.S.C. 1437p) shall con- (L) shall provide housing assistance to (1) KEEPING OF RECORDS.—Each public tinue to apply to public housing developed families assisted under a charter contract for housing agency shall keep such records as under such Act notwithstanding any use of not more than 5 years. the Secretary may prescribe as reasonably the housing under a charter contract. (e) SELECTION.—In selecting among public necessary— (3) CHARTER CONTRACT TERMS.—A charter housing agency applications to participate (A) to disclose the amounts and the dis- contract shall provide that a public housing in the Moving to Work Charter program es- position of amounts under the Moving to agency— tablished under this section, the Secretary Work Charter program established under (A) may— shall consider— this section; (i) combine assistance received under sec- (1) the potential of each agency to plan and (B) to ensure compliance with the require- tions 8 and 9 of the United States Housing carry out activities under such program; ments of this section; and Act of 1937 (42 U.S.C. 1437f and 1437g), as de- (2) the relative performance by an agency (C) to measure performance. scribed in subsection (c)(3); and under section 6(j) of the United States Hous- (2) ACCESS TO DOCUMENTS BY THE SEC- (ii) use such assistance to provide housing ing Act of 1937 (42 U.S.C. 1437d(j)); RETARY.— assistance and related services for activities (3) the need for a diversity of participants (A) IN GENERAL.—The Secretary shall have authorized by this section, including those in terms of size, location, and type of agen- access for the purpose of audit and examina- activities authorized by sections 8 and 9 of cy; and tion to any books, documents, papers, and such Act; (4) any other appropriate factor as deter- records that are pertinent to assistance in (B) certify that in preparing its application mined by the Secretary. connection with, and the requirements of, for participation in the Moving to Work (f) CHARTER REPORT.— this section. Charter program established under this sec- (1) CONTENTS.— (B) LIMITATION.—Access by the Secretary tion, such agency has— (A) IN GENERAL.—Notwithstanding any described under subparagraph (A) shall be (i) provided for citizen participation other provision of law, and in place of all limited to information obtained solely through a public hearing and, if appropriate, other planning and reporting requirements through the annual charter report submitted other means; and otherwise required, each public housing by a public housing agency under subsection (ii) taken into account comments from the agency that is a party to a charter contract (f), unless the Secretary has reason to be- public hearing and any other public com- shall submit to the Secretary, on an annual lieve that such agency is not in compliance ments on the proposed activities under this basis, a single charter report, in a form and with the charter contract between the Sec- section, including comments from current at a time specified by the Secretary. retary and such agency. and prospective residents who would be af- (B) SOLE MEANS OF REPORTING.—A charter (3) ACCESS TO DOCUMENTS BY THE COMP- fected by such contract; report submitted under subparagraph (A) TROLLER GENERAL.—The Comptroller General (C) shall ensure that not less than 75 per- shall be the sole means by which a public of the United States, or any duly authorized cent of the families assisted under a charter housing agency shall be required to provide representative of the Comptroller General, contract shall be, at the time of such fami- information to the Secretary on the activi- shall have access for the purpose of audit and lies’ entry into the Moving to Work Charter ties assisted under this section during a fis- examination to any books, documents, pa- program, very low-income families; cal year, unless the Secretary has reason to pers, and records that are pertinent to as- (D) shall establish a reasonable rent policy, believe that such agency has violated the sistance in connection with, and the require- which shall— charter contract between the Secretary and ments of the Moving to Work Charter pro- (i) be designed to encourage employment, such agency. gram established under this section. self-sufficiency, and homeownership by par- (C) REQUIREMENTS.—Each charter report (h) PROCUREMENT PREEMPTION.— ticipating families, consistent with the pur- required under subparagraph (A) shall— (1) IN GENERAL.—Any State or local law poses of this section; (i) document the use by a public housing which imposes procedures or standards for (ii) include transition and hardship provi- agency of any assistance provided under a procurement which conflict with or are more sions; charter contract, including appropriate fi- burdensome than applicable Federal procure- (iii) be included in the annual plan of such nancial statements; ment requirements shall not apply to any agency; and (ii) describe and analyze the effect of as- public housing agency under the Moving to (iv) be subject to the opportunities for pub- sisted activities in addressing the objectives Work Charter program established under lic participation described in subsection of this section; this section. (f)(1)(C)(iv); (iii) include a certification by such agency (2) REDUCTION OF ADMINISTRATIVE BUR- (E) shall continue to assist not less than that such agency has prepared an annual DENS.—The Secretary may approve procure- substantially the same total number of low- plan which— ment procedures for public housing agencies income families as would have been served (I) states the goals and objectives of that participating in the Moving to Work Charter had such agency not entered into such con- agency under the charter contract for the program established under this section that tract; past fiscal year; reduce administrative burdens of procure- (F) shall maintain a comparable mix of (II) describes the proposed use of assistance ment requirements imposed by Federal law. families (by family size) as would have been by that agency for activities under the char- (i) SUBSEQUENT LAWS PREEMPTED.—A pub- provided had the agency not entered into ter contract for the past fiscal year; lic housing agency participating in the Mov- such contract; (III) explains how the proposed activities ing to Work Charter program established (G) shall ensure that housing assisted of that agency will meet the goals and objec- under this section shall not be subject to any under such contract meets housing quality tives of that agency; provision of law which conflicts with the standards established or approved by the (IV) includes appropriate budget and finan- provisions of this section and which is en- Secretary; cial statements of that agency; and acted subsequent to the date of execution of (H) shall receive training and technical as- (V) was prepared in accordance with a pub- such agency’s charter contract or Moving to sistance, upon request by such agency, to as- lic process as described in clause (iv); Work program agreement, as described in

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subsection (j), unless such law expressly pro- ganizations on terms acceptable to the Sec- (c) REMEDIATION PLAN.—If a medical facil- vides for such law’s application to public retary, the Secretary shall seek to enter into ity of the Department is determined pursu- housing agencies subject to this section. such an agreement with another appropriate ant to an inspection conducted under sub- (j) EXISTING AGREEMENTS.—Notwith- organization that— section (a) to have a mold issue, the Sec- standing anything in this section or any (A) is not part of the Federal Government; retary shall— other provision of law, any public housing (B) operates as a not-for-profit entity; and (1) implement a remediation plan for that agency which has an existing Moving to (C) has expertise and objectivity com- medical facility within 48 hours; and Work program agreement with the Secretary parable to that of the Joint Commission on (2) Conduct a second inspection under sub- pursuant to section 204 of the Departments Accreditation of Hospital Organizations. section (a) at that medical facility within 90 of Veterans Affairs and Housing and Urban (c) REMEDIATION PLAN.— days of the initial inspection. Development, and Independent Agencies Ap- (1) INITIAL FAILURE.—If a kitchen or food (d) REPORTS.— propriations Act, 1996 (Public Law 104–134; service area of a medical facility of the De- (1) QUARTERLY.—Not less frequently than 110 Stat. 1321–281) and which is not in default partment is determined pursuant to an in- quarterly, the Director of each Veterans In- thereof, may, at the option of such agency— spection conducted under subsection (a) not tegrated Service Network shall submit to (1) continue to operate under the terms to meet the standards for kitchens and food the Secretary of Veterans Affairs and Con- and conditions of such agreement notwith- service areas in hospitals in the private sec- gress a report on inspections conducted standing any limitation on the terms con- tor, that medical facility fails the inspection under this section during that quarter at tained in such contract; or and the Secretary shall— medical facilities of the Department under (2) at any time, enter into a charter con- (A) implement a remediation plan for that the jurisdiction of that Director. tract with the Secretary on terms and condi- medical facility within 48 hours; and (2) SUBSEQUENT PERIOD.—A Director of a tions which are not less favorable to the (B) Conduct a second inspection under sub- Veterans Integrated Service Network may agency than such existing agreement. section (a) at that medical facility within 7 submit to Congress the report described in (k) PUBLIC HOUSING AGENCY EVALUATION.— days of the failed inspection. paragraph (1) not less frequently than semi- (1) IN GENERAL.—Not later than the end of (2) SECOND FAILURE.—If a medical facility annually if the Director does not report any fiscal year 2017, the Secretary shall appoint of the Department fails the second inspec- mold issues for the one-year period preceding a Federal advisory committee consisting of tion conducted under paragraph (1)(B), the the submittal of the report. public housing agencies with charter con- Secretary shall close the kitchen or food tracts, public housing industry organiza- service area at that medical facility that did SA 3998. Mr. TESTER (for himself tions, resident organizations, other public not meet the standards for kitchens and food and Mr. MORAN) submitted an amend- housing and section 8 voucher stakeholders, service areas in hospitals in the private sec- ment intended to be proposed to and experts on accreditation systems in tor until remediation is completed and all amendment SA 3896 proposed by Ms. similar fields, to assess and develop a dem- kitchens and food service areas at that med- COLLINS (for herself, Mr. KIRK, Mr. ical facility meet such standards. onstration program to test standards, cri- REED, and Mr. TESTER) to the bill H.R. (3) PROVISION OF FOOD.—If a kitchen or food teria, and practices for a national public 2577, making appropriations for the De- housing agency accreditation system or service area is closed at a medical facility of other evaluation system. the Department pursuant to paragraph (2), partments of Transportation, and (2) REPORT.—Not later than the end of fis- the Director of the Veterans Integrated Housing and Urban Development, and cal year 2019, the committee established Service Network in which the medical facil- related agencies for the fiscal year end- under paragraph (1) and the Secretary shall ity is located shall enter into a contract ing September 30, 2016, and for other provide a report and recommendations to with a vendor approved by the General Serv- purposes; which was ordered to lie on Congress with respect to the establishment ices Administration to provide food at the the table; as follows: of a national public housing agency accredi- medical facility. At the end of title II of division B, add the (d) REPORTS.— tation system. following: (1) QUARTERLY.—Not less frequently than quarterly, the Director of each Veterans In- SEC. 251. COVERAGE UNDER DEPARTMENT OF SA 3997. Mr. KIRK submitted an VETERANS AFFAIRS BENEFICIARY amendment intended to be proposed to tegrated Service Network shall submit to TRAVEL PROGRAM OF TRAVEL IN amendment SA 3896 proposed by Ms. Congress a report on inspections conducted CONNECTION WITH CERTAIN SPE- under this section during that quarter at CIAL DISABILITIES REHABILITA- OLLINS IRK C (for herself, Mr. K , Mr. medical facilities of the Department under TION. REED, and Mr. TESTER) to the bill H.R. the jurisdiction of that Director. (a) IN GENERAL.—Section 111(b)(1) of title 2577, making appropriations for the De- (2) SUBSEQUENT PERIOD.—A Director of a 38, United States Code, is amended by adding partments of Transportation, and Veterans Integrated Service Network may at the end the following new subparagraph: Housing and Urban Development, and submit to Congress the report described in ‘‘(G) A veteran with vision impairment, a related agencies for the fiscal year end- paragraph (1) not less frequently than semi- veteran with a spinal cord injury or disorder, ing September 30, 2016, and for other annually if the Director does not report any or a veteran with double or multiple amputa- tions whose travel is in connection with care purposes; which was ordered to lie on failed inspections for the one-year period preceding the submittal of the report. provided through a special disabilities reha- the table; as follows: SEC. 252. INSPECTION OF MOLD ISSUES AT MED- bilitation program of the Department (in- At the end of title II of division B, add the ICAL FACILITIES OF THE DEPART- cluding programs provided by spinal cord in- following: MENT OF VETERANS AFFAIRS. jury centers, blind rehabilitation centers, SEC. 251. INSPECTION OF KITCHENS AND FOOD (a) IN GENERAL.—Not later than 90 days and prosthetics rehabilitation centers) if SERVICE AREAS AT MEDICAL FA- after the date of the enactment of this Act, such care is provided— CILITIES OF THE DEPARTMENT OF and not less frequently than annually there- ‘‘(i) on an in-patient basis; or VETERANS AFFAIRS. after, the Secretary of Veterans Affairs shall ‘‘(ii) during a period in which the Sec- (a) IN GENERAL.—Not later than 90 days provide for the inspection of mold issues at retary provides the veteran with temporary after the date of the enactment of this Act, medical facilities of the Department of Vet- lodging at a facility of the Department to and not less frequently than annually there- erans Affairs. make such care more accessible to the vet- after, the Secretary of Veterans Affairs shall (b) AGREEMENT.— eran.’’. provide for the conduct of inspections of (1) IN GENERAL.—The Secretary shall seek (b) REPORT.—Not later than 180 days after kitchens and food service areas at each med- to enter into an agreement with the Joint the date of the enactment of this Act, the ical facility of the Department of Veterans Commission on Accreditation of Hospital Or- Secretary of Veterans Affairs shall submit to Affairs to ensure that the same standards for ganizations under which the Joint Commis- the Committee on Veterans’ Affairs of the kitchens and food service areas at hospitals sion on Accreditation of Hospital Organiza- Senate and the Committee on Veterans’ Af- in the private sector are being met at kitch- tions conducts the inspections required fairs of the House of Representatives a re- ens and food service areas at medical facili- under subsection (a). port on the beneficiary travel program under ties of the Department. (2) ALTERNATE ORGANIZATION.—If the Sec- section 111 of title 38, United States Code, as (b) AGREEMENT.— retary is unable to enter into an agreement amended by subsection (a), that includes the (1) IN GENERAL.—The Secretary shall seek described in paragraph (1) with the Joint following: to enter into an agreement with the Joint Commission on Accreditation of Hospital Or- (1) The cost of the program. Commission on Accreditation of Hospital Or- ganizations on terms acceptable to the Sec- (2) The number of veterans served by the ganizations under which the Joint Commis- retary, the Secretary shall seek to enter into program. sion on Accreditation of Hospital Organiza- such an agreement with another appropriate (3) Such other matters as the Secretary tions conducts the inspections required organization that— considers appropriate. under subsection (a). (A) is not part of the Federal Government; (c) EFFECTIVE DATE.—The amendment (2) ALTERNATE ORGANIZATION.—If the Sec- (B) operates as a not-for-profit entity; and made by subsection (a) shall take effect on retary is unable to enter into an agreement (C) has expertise and objectivity com- the first day of the first fiscal year that be- described in paragraph (1) with the Joint parable to that of the Joint Commission on gins after the date of the enactment of this Commission on Accreditation of Hospital Or- Accreditation of Hospital Organizations. Act.

VerDate Sep 11 2014 04:57 May 18, 2016 Jkt 059060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.036 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2902 CONGRESSIONAL RECORD — SENATE May 17, 2016 SA 3999. Mrs. ERNST submitted an SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (4) CONVENTION AREA.—The term ‘‘Conven- amendment intended to be proposed to (a) SHORT TITLE.—This Act may be cited as tion Area’’— amendment SA 3896 proposed by Ms. the ‘‘Ensuring Access to Fisheries Act’’. (A) means the waters of the high seas areas (b) TABLE OF CONTENTS.—The table of con- of the North Pacific Ocean; and COLLINS (for herself, Mr. KIRK, Mr. tents of this Act is as follows: (B) excludes— REED, and Mr. TESTER) to the bill H.R. (i) the high seas areas of the Bering Sea 2577, making appropriations for the De- Sec. 1. Short title; table of contents. TITLE I—NORTH PACIFIC FISHERIES and other high seas areas that are sur- partments of Transportation, and rounded by the exclusive economic zone of a Housing and Urban Development, and Subtitle A—North Pacific Fisheries single nation, which are bounded to the related agencies for the fiscal year end- Convention Implementation Act south by a continuous line beginning at the ing September 30, 2016, and for other Sec. 101. Short title. seaward limit of waters under the jurisdic- purposes; which was ordered to lie on Sec. 102. Definitions. tion of the United States around the Com- the table; as follows: Sec. 103. United States participation in the monwealth of the Northern Mariana Islands North Pacific Fisheries Conven- at 20 degrees North latitude, then proceeding On page 105, line 9, strike ‘‘$5,000,000’’ and tion. insert ‘‘$500,000’’. East and connecting the coordinates: Sec. 104. Authority and responsibility of the 20°00′00″N, 180°00′00″E/W; 10°00′00″N 180°00′00″E/ SA 4000. Mrs. ERNST submitted an Secretary of State. W; 10°00′00″N, 140°00′00″W; 20°00′00″N, Sec. 105. Authority of the Secretary of Com- 140°00′00″W; and thence East to the seaward amendment intended to be proposed to merce. amendment SA 3896 proposed by Ms. limit of waters under the fisheries jurisdic- Sec. 106. Enforcement. tion of Mexico; and COLLINS (for herself, Mr. KIRK, Mr. Sec. 107. Prohibited acts. (ii) the exclusive economic zone of the REED, and Mr. TESTER) to the bill H.R. Sec. 108. Cooperation in carrying out Con- United States or of any other country. vention. 2577, making appropriations for the De- (5) COUNCIL.—The term ‘‘Council’’ means partments of Transportation, and Sec. 109. Territorial participation. the North Pacific Fishery Management Housing and Urban Development, and Sec. 110. Exclusive economic zone notifica- Council, the Pacific Fishery Management related agencies for the fiscal year end- tion. Council, or the Western Pacific Fishery Man- Sec. 111. Authorization of appropriations. ing September 30, 2016, and for other agement Council established under section purposes; which was ordered to lie on Subtitle B—Miscellaneous 302 of the Magnuson-Stevens Fishery Con- the table; as follows: Sec. 121. Funding for travel expenses. servation and Management Act (16 U.S.C. Sec. 122. National Sea Grant College Pro- 1852). On page 105, strike lines 5 through 10. gram Reauthorization Act of (6) EXCLUSIVE ECONOMIC ZONE.—The term SA 4001. Mrs. ERNST submitted an 1998. ‘‘exclusive economic zone’’ means— amendment intended to be proposed to TITLE II—SOUTH PACIFIC FISHERIES (A) with respect to the United States, the CONVENTION IMPLEMENTATION ACT zone established by Presidential Proclama- amendment SA 3896 proposed by Ms. tion Numbered 5030 of March 10, 1983 (16 Sec. 201. Short title. COLLINS (for herself, Mr. KIRK, Mr. U.S.C. 1453 note), the inner boundary of Sec. 202. Definitions. REED, and Mr. TESTER) to the bill H.R. which, for purposes of this subtitle, is a line Sec. 203. Appointment of United States 2577, making appropriations for the De- coterminous with the seaward boundary of Commissioners. each of the coastal States; and partments of Transportation, and Sec. 204. Authority and responsibility of the (B) with respect to a foreign country, a Housing and Urban Development, and Secretary of State. designated zone similar to the zone referred related agencies for the fiscal year end- Sec. 205. Authority of the Secretary of Com- to in subparagraph (A) for that country. ing September 30, 2016, and for other merce. purposes; which was ordered to lie on Sec. 206. Enforcement. (7) FISHERIES RESOURCES.— (A) IN GENERAL.—The term ‘‘fisheries re- the table; as follows: Sec. 207. Prohibited acts. Sec. 208. Cooperation in carrying out Con- sources’’ means all fish, mollusks, crusta- On page 27, line 9, strike ‘‘In addition’’ and ceans, and other marine species, including all that follows through the end of line 12. vention. Sec. 209. Territorial participation. any products thereof, caught by a fishing vessel within the Convention Area. Mr. BLUMENTHAL (for Sec. 210. Exclusive economic zone notifica- SA 4002. (B) EXCLUSIONS.—The term ‘‘fisheries re- himself, Mr. MARKEY, and Mr. BOOKER) tion. Sec. 211. Authorization of appropriations. sources’’ does not include— submitted an amendment intended to (i) sedentary species insofar as they are be proposed to amendment SA 3896 pro- TITLE III—NORTHWEST ATLANTIC FISH- subject to the sovereign rights of coastal na- ERIES CONVENTION AMENDMENTS ACT posed by Ms. COLLINS (for herself, Mr. tions consistent with Article 77, paragraph 4 KIRK, Mr. REED, and Mr. TESTER) to the Sec. 301. Short title; references to the of the 1982 Convention and indicator species bill H.R. 2577, making appropriations Northwest Atlantic Fisheries of vulnerable marine ecosystems as listed in, Convention Act of 1995. for the Departments of Transportation, or adopted pursuant to, Article 13, paragraph Sec. 302. Representation of the United 5 of the North Pacific Fisheries Convention; and Housing and Urban Development, States under Convention. (ii) catadromous species; and related agencies for the fiscal year Sec. 303. Requests for scientific advice. (iii) marine mammals, marine reptiles, or ending September 30, 2016, and for Sec. 304. Authorities of Secretary of State seabirds; or other purposes; which was ordered to with respect to Convention. (iv) other marine species already covered lie on the table; as follows: Sec. 305. Interagency cooperation. by pre-existing international fisheries man- Beginning on page 44 of division A, strike Sec. 306. Prohibited acts and penalties. agement instruments within the area of line 3 and all that follows through page 45, Sec. 307. Consultative committee. competence of such instruments. line 21, and insert the following: Sec. 308. Definitions. (8) FISHING ACTIVITIES.— SEC. 131. (a) Section 133 of the Transpor- Sec. 309. Authorization of appropriations. (A) IN GENERAL.—The term ‘‘fishing activi- tation, Housing and Urban Development, and Sec. 310. Quota allocation practice. ties’’ means— Related Agencies Appropriations Act, 2016 TITLE I—NORTH PACIFIC FISHERIES (i) the actual or attempted searching for, (division L of Public Law 114–113) is repealed. Subtitle A—North Pacific Fisheries catching, taking, or harvesting of fisheries (b) Section 133 of the Transportation, Convention Implementation Act resources; Housing and Urban Development, and Re- (ii) engaging in any activity that can rea- lated Agencies Appropriations Act, 2015 (di- SEC. 101. SHORT TITLE. sonably be expected to result in the locating, vision K of Public Law 113–235) is amended This subtitle may be cited as the ‘‘North catching, taking, or harvesting of fisheries by striking subsections (a) and (b). Pacific Fisheries Convention Implementa- resources for any purpose; tion Act’’. (iii) the processing of fisheries resources at SA 4003. Ms. COLLINS (for Mr. SUL- SEC. 102. DEFINITIONS. sea; LIVAN (for himself, Mr. SCHATZ, and Mr. In this subtitle: (iv) the transhipment of fisheries resources MARKEY)) proposed an amendment to (1) ADVISORY COMMITTEE.—The term ‘‘Advi- at sea or in port; or the bill S. 1335, to implement the Con- sory Committee’’ means the advisory com- (v) any operation at sea in direct support vention on the Conservation and Man- mittee established under section 103. of, or in preparation for, any activity de- agement of the High Seas Fisheries Re- (2) COMMISSION.—The term ‘‘Commission’’ scribed in clauses (i) through (iv), including means the North Pacific Fisheries Commis- transshipment. sources in the North Pacific Ocean, as sion established pursuant to the North Pa- (B) EXCLUSIONS.—The term ‘‘fishing activi- adopted at Tokyo on February 24, 2012, cific Fisheries Convention. ties’’ does not include any operation related and for other purposes; as follows: (3) COMMISSIONER.—The term ‘‘Commis- to an emergency involving the health or Strike all after the enacting clause and in- sioner’’ means a United States Commissioner safety of a crew member or the safety of a sert the following: appointed under section 103. fishing vessel.

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(9) FISHING VESSEL.—The term ‘‘fishing (D) WESTERN PACIFIC FISHERY MANAGEMENT appointment for not more than 3 consecutive vessel’’ means any vessel used or intended COUNCIL.—One Commissioner shall be the terms. The Commissioners shall notify the for use for the purpose of engaging in fishing chairperson of the Western Pacific Fishery Advisory Committee in advance of each activities, including a processing vessel, a Management Council or a designee of such meeting of the Commissioners. The Advisory support ship, a carrier vessel, or any other chairperson. Committee shall attend each meeting and vessel directly engaged in such fishing ac- (3) CHAIRPERSON.—The President shall des- shall examine and be heard on all proposed tivities. ignate 1 of the Commissioners appointed programs, investigations, reports, rec- (10) HIGH SEAS.—The term ‘‘high seas’’ does under paragraph (2) to serve as chairperson ommendations, and regulations of the Com- not include an area that is within the exclu- of the United States Commissioners. missioners. sive economic zone of the United States or of (b) ALTERNATE COMMISSIONERS.—In the (C) PROCEDURES.— any other country. event of a vacancy in a Commissioner ap- (i) IN GENERAL.—The Advisory Committee (11) NORTH PACIFIC FISHERIES CONVENTION.— pointed under subsection (a), the Secretary shall determine its organization and pre- The term ‘‘North Pacific Fisheries Conven- of State, in consultation with the Secretary, scribe its practices and procedures for car- tion’’ means the Convention on the Con- may designate from time to time and for pe- rying out its functions under this subtitle, servation and Management of the High Seas riods of time considered appropriate an al- the North Pacific Fisheries Convention, and Fisheries Resources in the North Pacific ternate Commissioner to the Commission. the Magnuson-Stevens Fishery Conservation Ocean (including any annexes, amendments, An alternate Commissioner may exercise all and Management Act (16 U.S.C. 1801 et seq.). powers and duties of a Commissioner in the or protocols that are in force, or have come (ii) PUBLIC AVAILABILITY OF PROCEDURES.— into force) for the United States, which was absence of a Commissioner appointed under The Advisory Committee shall publish and subsection (a), and shall serve the remainder adopted at Tokyo on February 24, 2012. make available to the public a statement of of the term of the absent Commissioner for (12) PERSON.—The term ‘‘person’’ means— its organization, practices, and procedures. which designated. (A) any individual, whether or not a citizen (iii) QUORUM.—A majority of the members (c) ADMINISTRATIVE MATTERS.— or national of the United States; of the Advisory Committee shall constitute a (1) EMPLOYMENT STATUS.—An individual (B) any corporation, partnership, associa- serving as a Commissioner, or an alternative quorum to conduct business. tion, or other entity, whether or not orga- Commissioner, other than an officer or em- (iv) PUBLIC MEETINGS.—Meetings of the Ad- nized or existing under the laws of any ployee of the United States Government, visory Committee, except when in executive State; or shall not be considered a Federal employee, session, shall be open to the public. Prior no- (C) any Federal, State, local, tribal, or for- except for the purposes of injury compensa- tice of each non-executive meeting shall be eign government or any entity of such gov- tion or tort claims liability as provided in made public in a timely fashion. The Advi- ernment. chapter 81 of title 5, United States Code, and sory Committee shall not be subject to the (13) SECRETARY.—Except as otherwise spe- chapter 171 of title 28, United States Code. Federal Advisory Committee Act (5 U.S.C. cifically provided, the term ‘‘Secretary’’ (2) COMPENSATION.—An individual serving App.). means the Secretary of Commerce. as a Commissioner or an alternate Commis- (D) PROVISION OF INFORMATION.—The Sec- (14) STATE.—The term ‘‘State’’ means each sioner, although an officer of the United retary and the Secretary of State shall fur- of the several States of the United States, States while so serving, shall receive no nish the Advisory Committee with relevant the District of Columbia, the Commonwealth compensation for the individual’s services as information concerning fisheries resources of the Northern Mariana Islands, Guam, such Commissioner or alternate Commis- and international fishery agreements. American Samoa, and any other common- sioner. (2) ADMINISTRATIVE MATTERS.— wealth, territory, or possession of the United (3) TRAVEL EXPENSES.— (A) SUPPORT SERVICES.—The Secretary States. (A) IN GENERAL.—The Secretary of State shall provide to the Advisory Committee in a (15) STRADDLING STOCK.—The term ‘‘strad- shall pay the necessary travel expenses of a timely manner such administrative and dling stock’’ means a stock of fisheries re- Commissioner or an alternate Commissioner technical support services as are necessary sources which migrates between, or occurs in accordance with the Federal Travel Regu- to function effectively. in, the exclusive economic zone of 1 or more lations and sections 5701, 5702, 5704 through (B) COMPENSATION; STATUS.—An individual parties to the Convention and the Conven- 5708, and 5731 of title 5, United States Code. appointed to serve as a member of the Advi- tion Area. (B) REIMBURSEMENT.—The Secretary may sory Committee— (16) TRANSSHIPMENT.—The term ‘‘trans- reimburse the Secretary of State for (i) shall serve without pay; and shipment’’ means the unloading of any fish- amounts expended by the Secretary of State (ii) shall not be considered a Federal em- eries resources taken in the Convention Area under this paragraph. ployee, except for the purposes of injury from 1 fishing vessel to another fishing ves- (d) ADVISORY COMMITTEE.— compensation or tort claims liability as pro- sel either at sea or in port. (1) ESTABLISHMENT OF PERMANENT ADVISORY vided in chapter 81 of title 5, United States (17) 1982 CONVENTION.—The term ‘‘1982 Con- COMMITTEE.— Code, and chapter 171 of title 28, United vention’’ means the United Nations Conven- (A) MEMBERSHIP.—There is established an States Code. tion on the Law of the Sea of 10 December advisory committee which shall be composed (C) TRAVEL EXPENSES.— 1982. of 11 members appointed by the Secretary as (i) IN GENERAL.—The Secretary of State SEC. 103. UNITED STATES PARTICIPATION IN THE follows: shall pay the necessary travel expenses of NORTH PACIFIC FISHERIES CON- (i) A member engaging in commercial fish- members of the Advisory Committee in car- VENTION. ing activities in the management area of the rying out the duties of the Advisory Com- (a) UNITED STATES COMMISSIONERS.— North Pacific Fishery Management Council. mittee in accordance with the Federal Trav- (1) NUMBER OF COMMISSIONERS.—The United (ii) A member engaging in commercial el Regulations and sections 5701, 5702, 5704 States shall be represented on the Commis- fishing activities in the management area of through 5708, and 5731 of title 5, United sion by 5 United States Commissioners. the Pacific Fishery Management Council. States Code. (2) SELECTION OF COMMISSIONERS.—The (iii) A member engaging in commercial (ii) REIMBURSEMENT.—The Secretary may United States Commissioners shall be as fol- fishing activities in the management area of reimburse the Secretary of State for lows: the Western Pacific Fishery Management amounts expended by the Secretary of State (A) APPOINTMENT BY THE PRESIDENT.— Council. under this subparagraph. (i) IN GENERAL.—Two of the Commissioners (iv) 3 members from the indigenous popu- (e) UNITED STATES PARTICIPATION.—In in- shall be appointed by the President and shall lation of the North Pacific, including an stances in which the United States is partici- be an officer or employee of— Alaska Native, Native Hawaiian, or a native- pating in any meeting of the parties to the (I) the Department of Commerce; born inhabitant of any State of the United North Pacific Fisheries Convention, the (II) the Department of State; or States in the Pacific, and an individual from United States shall be represented by the (III) the United States Coast Guard. a Pacific Coast tribe. Commissioners and the Advisory Committee. (ii) SELECTION CRITERIA.—In making each (v) A member that is a marine fisheries sci- SEC. 104. AUTHORITY AND RESPONSIBILITY OF appointment under clause (i), the President entist that is a resident of a State the adja- THE SECRETARY OF STATE. shall select a Commissioner from among in- cent exclusive economic zone for which is The Secretary of State may— dividuals who are knowledgeable or experi- bounded by the Convention Area. (1) receive and transmit, on behalf of the enced concerning fisheries resources in the (vi) A member nominated by the Governor United States, reports, requests, rec- North Pacific Ocean. of the State of Alaska. ommendations, proposals, decisions, and (B) NORTH PACIFIC FISHERY MANAGEMENT (vii) A member nominated by the Governor other communications of and to the Commis- COUNCIL.—One Commissioner shall be the of the State of Hawaii. sion; chairperson of the North Pacific Fishery (viii) A member nominated by the Gov- (2) in consultation with the Secretary, act Management Council or a designee of such ernor of the State of Washington. upon, or refer to other appropriate author- chairperson. (ix) A member nominated by the Governor ity, any communication under paragraph (1); (C) PACIFIC FISHERY MANAGEMENT COUN- of the State of California. (3) with the concurrence of the Secretary, CIL.—One Commissioner shall be the chair- (B) TERMS AND PRIVILEGES.—Each member and in accordance with the provisions of the person of the Pacific Fishery Management of the Advisory Committee shall serve for a Convention, object to any decision of the Council or a designee of such chairperson. term of 2 years and shall be eligible for re- Commission; and

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(B) in the case of the Northern Mariana Is- ganizations. (e) JUDICIAL REVIEW OF REGULATIONS.— lands, the appropriate court is the United SEC. 105. AUTHORITY OF THE SECRETARY OF (1) IN GENERAL.—Regulations promulgated States District Court for the District of the COMMERCE. by the Secretary under this subtitle shall be Northern Mariana Islands. (a) PROMULGATION OF REGULATIONS.— subject to judicial review to the extent au- (3) CONSTRUCTION.—Each violation shall be (1) AUTHORITY.—The Secretary, in con- thorized by, and in accordance with, chapter a separate offense and the offense shall be sultation with the Secretary of State and, 7 of title 5, United States Code, if a petition deemed to have been committed not only in with respect to enforcement measures, the for such review is filed not later than 30 days the district where the violation first oc- Secretary of the department in which the after the date on which the regulations are curred, but also in any other district author- Coast Guard is operating, is authorized to promulgated. ized by law. Any offense not committed in promulgate such regulations as may be nec- (2) RESPONSES.—Notwithstanding any any district is subject to the venue provi- essary to carry out the United States inter- other provision of law, the Secretary shall sions of section 3238 of title 18, United States national obligations under the North Pacific file a response to any petition filed in ac- Code. Fisheries Convention and this subtitle, in- cordance with paragraph (1), not later than (d) CONFIDENTIALITY.— cluding recommendations and decisions 30 days after the date the Secretary is served (1) IN GENERAL.—Any information sub- adopted by the Commission. with that petition, except that the appro- mitted in compliance with a requirement (2) REGULATIONS OF STRADDLING STOCKS.— priate court may extend the period for filing under this subtitle to the Secretary or to im- In the implementation of a measure adopted such a response upon a showing by the Sec- plement the Convention, including informa- by the Commission that would govern a retary of good cause for that extension. tion submitted on or before the date of en- straddling stock under the authority of a (3) COPIES OF ADMINISTRATIVE RECORD.—A actment of the Ensuring Access to Fisheries Council, any regulation promulgated by the response of the Secretary under paragraph Act, shall be confidential and may not be Secretary to implement such measure within (2) shall include a copy of the administrative disclosed, except— the exclusive economic zone of the United record for the regulations that are the sub- (A) to a Federal employee who is respon- States shall be approved by such Council. ject of the petition. sible for administering, implementing, or en- (b) RULE OF CONSTRUCTION.—Regulations (4) EXPEDITED HEARINGS.—Upon a motion forcing this subtitle; promulgated under subsection (a) shall be by the person who files a petition under this (B) to the Commission, in accordance with applicable only to a person or a fishing ves- subsection, the appropriate court shall as- requirements in the North Pacific Fisheries sel that is or has engaged in fishing activi- sign the matter for hearing at the earliest Convention and decisions of the Commission, ties, or fisheries resources covered by the possible date. and, insofar as possible, in accordance with North Pacific Fisheries Convention under SEC. 106. ENFORCEMENT. an agreement with the Commission that pre- this subtitle. (a) IN GENERAL.—The Secretary and the vents public disclosure of the identity or (c) ADDITIONAL AUTHORITY.—The Secretary Secretary of the department in which the business of any person; may conduct, and may request and utilize on Coast Guard is operating— (C) to State, Council, or Marine Fisheries a reimbursed or non-reimbursed basis the as- (1) shall administer and enforce this sub- Commission employees pursuant to an agree- sistance, services, personnel, equipment, and title and any regulations issued under this ment with the Secretary that prevents pub- facilities of other Federal departments and subtitle; and lic disclosure of the identity or business of agencies in— (2) may request and utilize on a reimbursed any person; (1) scientific, research, and other programs or non-reimbursed basis the assistance, serv- (D) when required by court order; or under this subtitle; ices, personnel, equipment, and facilities of (E) when the Secretary has obtained writ- (2) fishing operations and biological experi- other Federal departments and agencies in ten authorization from the person submit- ments for purposes of scientific investigation the administration and enforcement of this ting such information to release such infor- or other purposes necessary to implement subtitle. mation to another person for a reason not the North Pacific Fisheries Convention; (b) SECRETARIAL ACTIONS.—Except as pro- otherwise provided for in this paragraph, and (3) the collection, utilization, and disclo- vided under subsection (c), the Secretary and such release does not violate other require- sure of such information as may be nec- the Secretary of the department in which ments of this subtitle. essary to implement the North Pacific Fish- the Coast Guard is operating shall prevent (2) USE OF INFORMATION.— eries Convention, subject to sections 552 and any person from violating this subtitle in (A) IN GENERAL.—Except as provided under 552a of title 5, United States Code, and sec- the same manner, by the same means, and subparagraph (B), the Secretary shall pro- tion 402(b) of the Magnuson-Stevens Fishery with the same jurisdiction, powers, and du- mulgate regulations regarding the proce- Conservation and Management Act (16 U.S.C. ties as though sections 308 through 311 of the dures the Secretary considers necessary to 1881a(b)); Magnuson-Stevens Fishery Conservation and preserve the confidentiality of information (4) if recommended by the Commissioners, Management Act (16 U.S.C. 1858, 1859, 1860, submitted under this subtitle. the assessment and collection of fees, not to 1861) were incorporated into and made a part (B) EXCEPTION.—The Secretary may release exceed 3 percent of the ex-vessel value of of this subtitle. Any person that violates any or make public information submitted under fisheries resource harvested by vessels of the provision of this subtitle is subject to the this subtitle if the information is in any ag- United States in fisheries conducted in the penalties and entitled to the privileges and gregate or summary form that does not di- Convention Area, to recover the actual costs immunities provided in the Magnuson-Ste- rectly or indirectly disclose the identity or to the United States of management and en- vens Fishery Conservation and Management business of any person. forcement under this subtitle, which shall be Act (16 U.S.C. 1801 et seq.) in the same man- (3) RULE OF CONSTRUCTION.—Nothing in this deposited as an offsetting collection in, and ner, by the same means, and with the same subsection shall be interpreted or construed credited to, the account providing appropria- jurisdiction, power, and duties as though sec- to prevent the use for conservation and man- tions to carry out the functions of the Sec- tions 308 through 311 of that Act (16 U.S.C. agement purposes by the Secretary of any retary under this subtitle; and 1858, 1859, 1860, and 1861) were incorporated information submitted under this subtitle. (5) the issuance of permits to owners and into and made a part of this subtitle. SEC. 107. PROHIBITED ACTS. operators of United States vessels to engage (c) JURISDICTION OF THE COURTS.— It is unlawful for any person— in fishing activities in the Convention Area (1) IN GENERAL.—Subject to paragraphs (2) (1) to violate any provision of this subtitle seaward of the exclusive economic zone of and (3), the district courts of the United or any regulation or permit issued pursuant the United States, under such terms and con- States shall have exclusive jurisdiction over to this subtitle; ditions as the Secretary may prescribe, in- any case or controversy arising under the (2) to use any fishing vessel to engage in cluding the period of time that a permit is provisions of this subtitle, and any such fishing activities without, or after the rev- valid. court may at any time— ocation or during the period of suspension of, (d) CONSISTENCY WITH OTHER LAWS.—The (A) enter restraining orders or prohibi- an applicable permit issued pursuant to this Secretary shall ensure the consistency, to tions; subtitle; the extent practicable, of fishery manage- (B) issue warrants, process in rem, or other (3) to refuse to permit any officer author- ment programs administered under this sub- process; ized to enforce the provisions of this subtitle title, the Magnuson-Stevens Fishery Con- (C) prescribe and accept satisfactory bonds to board a fishing vessel subject to such per- servation and Management Act (16 U.S.C. or other security; and son’s control for the purposes of conducting 1801 et seq.), the Tuna Conventions Act of (D) take such other actions as are in the any search, investigation, or inspection in 1950 (16 U.S.C. 951 et seq.), the South Pacific interest of justice. connection with the enforcement of this sub- Tuna Act of 1988 (16 U.S.C. 973 et seq.), sec- (2) HAWAII AND PACIFIC INSULAR AREAS.—In title or any regulation, permit, or the North tion 401 of Public Law 108–219 (16 U.S.C. 1821 the case of Hawaii or any possession of the Pacific Fisheries Convention;

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(4) to assault, resist, oppose, impede, in- Convention, in carrying out responsibilities ‘‘(2) REIMBURSEMENT.—The Secretary of timidate, or interfere with any such author- under this subtitle. Commerce may reimburse the Secretary of ized officer in the conduct of any search, in- (b) SCIENTIFIC AND OTHER PROGRAMS; FA- State for amounts expended by the Secretary vestigation, or inspection in connection with CILITIES AND PERSONNEL.—Each Federal de- of State under this subsection.’’. the enforcement of this subtitle or any regu- partment and agency is authorized, upon the (b) NORTH PACIFIC ANADROMOUS FISH COM- lation, permit, or the North Pacific Fisheries request of the Secretary, to cooperate in the MISSION.— Convention; conduct of scientific and other programs and (1) UNITED STATES COMMISSIONERS.—Section (5) to resist a lawful arrest for any act pro- to furnish facilities and personnel for the 804 of the North Pacific Anadromous Stocks hibited by this subtitle or any regulation purpose of assisting the Commission in car- Act of 1992 (16 U.S.C. 5003) is amended by add- promulgated or permit issued under this sub- rying out its duties under the North Pacific ing at the end the following: title; Fisheries Convention. ‘‘(e) TRAVEL EXPENSES.— (6) to ship, transport, offer for sale, sell, (c) SANCTIONED FISHING OPERATIONS AND ‘‘(1) IN GENERAL.—The Secretary shall pay purchase, import, export, or have custody, BIOLOGICAL EXPERIMENTS.—Nothing in this the necessary travel expenses of the United control, or possession of, any fisheries re- subtitle, or in the laws of any State, pre- States Commissioners and Alternate United sources if the person knew or should have vents the Secretary or the Commission States Commissioners in carrying out the known in the exercise of due care that the from— duties of the Commission in accordance with fisheries resources were taken or retained in (1) conducting or authorizing the conduct the Federal Travel Regulations and sections violation of this subtitle or any regulation of fishing operations and biological experi- 5701, 5702, 5704 through 5708, and 5731 of title or permit referred to in paragraph (1) or ments at any time for purposes of scientific 5, United States Code. paragraph (2); investigation; or ‘‘(2) REIMBURSEMENT.—The Secretary of (7) to interfere with, delay, or prevent, by (2) discharging any other duties prescribed Commerce may reimburse the Secretary for any means, the apprehension or arrest of an- by the North Pacific Fisheries Convention. amounts expended by the Secretary under other person, knowing that such other per- (d) STATE JURISDICTION NOT AFFECTED.— this subparagraph.’’. son has committed any act prohibited by Nothing in this subtitle shall be construed to (2) ADVISORY PANEL.—Section 805 of the this section; diminish or to increase the jurisdiction of North Pacific Anadromous Stocks Act of 1992 (8) to submit to the Secretary false infor- any State in the territorial sea of the United (16 U.S.C. 5004) is amended by striking sub- mation (including false information regard- States. section (e) and inserting the following: ing the capacity and extent to which a SEC. 109. TERRITORIAL PARTICIPATION. ‘‘(e) COMPENSATION.—The members of the United States fish processor, on an annual Advisory Panel shall receive no compensa- basis, will process a portion of the optimum The Secretary of State shall ensure par- ticipation in the Commission and its sub- tion for their service as such members. yield of a fishery that will be harvested by ‘‘(f) TRAVEL EXPENSES.— sidiary bodies by the Commonwealth of the fishing vessels of the United States) regard- ‘‘(1) IN GENERAL.—The Secretary shall pay Northern Mariana Islands to the same extent ing any matter that the Secretary is consid- the necessary travel expenses of the mem- provided to the territories of other nations. ering in the course of carrying out this sub- bers of the Advisory Panel in carrying out title if the person knew or should have SEC. 110. EXCLUSIVE ECONOMIC ZONE NOTIFICA- their service as such members in accordance known in the exercise of due care that the TION. with the Federal Travel Regulations and sec- information was false; Masters of commercial fishing vessels of tions 5701, 5702, 5704 through 5708, and 5731 of (9) to assault, resist, oppose, impede, in- countries fishing under the management au- title 5, United States Code. thority of the North Pacific Fisheries Con- timidate, sexually harass, bribe, or interfere ‘‘(2) REIMBURSEMENT.—The Secretary of with any observer on a vessel under this sub- vention that do not carry vessel monitoring Commerce may reimburse the Secretary for title, or any data collector employed by or systems capable of communicating with amounts expended by the Secretary under under contract to any person to carry out re- United States enforcement authorities shall, this subparagraph.’’. prior to or as soon as reasonably possible sponsibilities under this subtitle; SEC. 122. NATIONAL SEA GRANT COLLEGE PRO- (10) to engage in fishing activities in viola- after, entering and transiting the exclusive GRAM REAUTHORIZATION ACT OF tion of any regulation adopted pursuant to economic zone bounded by the Convention 1998. this subtitle; Area— Section 10 of the National Sea Grant Col- (11) to fail to make, keep, or furnish any (1) notify the United States Coast Guard of lege Program Reauthorization Act of 1998 (15 catch returns, statistical records, or other the name, flag state, location, route, and U.S.C. 1541) is amended by striking ‘‘the reports required by regulations adopted pur- destination of the vessel and of the cir- United States Coast Guard’’ each place it ap- suant to this subtitle to be made, kept, or cumstances under which it will enter United pears and inserting ‘‘another Federal agen- furnished; States waters; cy’’. (2) ensure that all fishing gear on board the (12) to fail to stop a vessel upon being TITLE II—SOUTH PACIFIC FISHERIES vessel is stowed below deck or otherwise re- hailed and instructed to stop by a duly au- CONVENTION IMPLEMENTATION ACT thorized official of the United States; moved from the place it is normally used for (13) to import, in violation of any regula- fishing activities and placed where it is not SEC. 201. SHORT TITLE. tion adopted pursuant to this subtitle, any readily available for fishing activities; and This title may be cited as the ‘‘South Pa- fisheries resources in any form of those spe- (3) if requested by an enforcement officer, cific Fisheries Convention Implementation cies subject to regulation pursuant to a rec- proceed to a specified location so that a ves- Act’’. ommendation, resolution, or decision of the sel inspection can be conducted. SEC. 202. DEFINITIONS. Commission, or any fisheries resources in SEC. 111. AUTHORIZATION OF APPROPRIATIONS. In this title: any form not under regulation but under in- There is authorized to be appropriated out (1) ADVISORY COMMITTEE.—The term ‘‘Advi- vestigation by the Commission, during the of funds made available to the Secretary and sory Committee’’ means the advisory com- period such fisheries resources have been de- the Secretary of State $500,000 for each of fis- mittee established under section 203. nied entry in accordance with the provisions cal years 2017 through 2021 to carry out this (2) COMMISSION.—The term ‘‘Commission’’ of this subtitle; subtitle and to pay the United States con- means the South Pacific Fisheries Commis- (14) to make or submit any false record, ac- tribution to the Commission under Article 12 sion established under the South Pacific count, or label for, or any false identification of the North Pacific Fisheries Convention. Fisheries Convention. (3) COMMISSIONER.—The term ‘‘Commis- of, any fisheries resources which have been, Subtitle B—Miscellaneous or are intended to be imported, exported, sioner’’ means a United States Commissioner transported, sold, offered for sale, purchased, SEC. 121. FUNDING FOR TRAVEL EXPENSES. appointed under section 203. or received in interstate or foreign com- (a) NORTH PACIFIC BERING SEA FISHERIES (4) CONVENTION AREA.—The term ‘‘Conven- merce; or ADVISORY BODY.—Section 5 of the Act enti- tion Area’’ means— (15) to refuse to authorize and accept tled ‘‘An Act to approve the governing inter- (A) the waters of the Pacific Ocean beyond boarding by a duly authorized inspector pur- national fishery agreement between the areas of national jurisdiction and in accord- suant to procedures adopted by the Commis- United States and the Union of Soviet So- ance with international law, bounded by the sion for the boarding and inspection of fish- cialist Republics, and for other purposes’’, 10° parallel of north latitude and the 20° par- ing vessels in the Convention Area. approved November 7, 1988 (Public Law 100– allel of south latitude and by the 135° merid- ° SEC. 108. COOPERATION IN CARRYING OUT CON- 629; 16 U.S.C. 1823 note), is amended by add- ian of east longitude and the 150 meridian of VENTION. ing at the end the following: west longitude; and (a) FEDERAL AND STATE AGENCIES; PRIVATE ‘‘(e) TRAVEL EXPENSES.— (B) the waters of the Pacific Ocean beyond INSTITUTIONS AND ORGANIZATIONS.—The Sec- ‘‘(1) IN GENERAL.—The Secretary of State areas of national jurisdiction and in accord- retary may cooperate with departments and shall pay the necessary travel expenses of ance with international law— agencies of the United States Government, the members of the advisory body estab- (i) east of a line extending south along the any public or private institutions or organi- lished pursuant to this section in carrying 120° meridian of east longitude from the zations within the United States or abroad, out their service as such members in accord- outer limit of the national jurisdiction of and, through the Secretary of State, the ance with the Federal Travel Regulations Australia off the south coast of Western Aus- duly authorized officials of the government and sections 5701, 5702, 5704 through 5708, and tralia to the intersection with the 55° par- of any party to the North Pacific Fisheries 5731 of title 5, United States Code. allel of south latitude; then due east along

VerDate Sep 11 2014 04:57 May 18, 2016 Jkt 059060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.039 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2906 CONGRESSIONAL RECORD — SENATE May 17, 2016 the 55° parallel of south latitude to the inter- emergency involving the health or safety of tion or tort claims liability as provided in section with the 150° meridian of east lon- a crew member or the safety of a fishing ves- chapter 81 of title 5, United States Code and gitude; then due south along the 150° merid- sel. chapter 171 of title 28, United States Code. ian of east longitude to the intersection with (9) FISHING VESSEL.—The term ‘‘fishing (2) COMPENSATION.—An individual serving the 60° parallel of south latitude; vessel’’ means any vessel used or intended as a Commissioner or an alternate Commis- (ii) north of a line extending east along the for use for the purpose of fishing, including a sioner, although an officer of the United 60° parallel of south latitude from the 150° support ship, a carrier vessel, or any other States while so serving, shall receive no meridian of east longitude to the intersec- vessel directly involved in such fishing oper- compensation for the individual’s services as tion with the 67° 16′ meridian of west lon- ations. such Commissioner or alternate Commis- gitude; (10) PANEL.—The term ‘‘Panel’’ means the sioner. (iii) west of a line extending north along Council’s Advisory Panel. (3) TRAVEL EXPENSES.— the 67° 16′ meridian of west longitude from (11) PERSON.—The term ‘‘person’’ means— (A) IN GENERAL.—The Secretary of State the 60° parallel of south latitude to its inter- (A) any individual, whether or not a citizen shall pay the necessary travel expenses of a section with the outer limit of the national or national of the United States; Commissioner or an alternate Commissioner jurisdiction of Chile; then along the outer (B) any corporation, partnership, associa- in accordance with the Federal Travel Regu- limits of the national jurisdictions of Chile, tion, or other entity, whether or not orga- lations and sections 5701, 5702, 5704 through Peru, Ecuador and Colombia to the intersec- nized or existing under the laws of any 5708, and 5731 of title 5, United States Code. tion with the 2° parallel of north latitude; State; or (B) REIMBURSEMENT.—The Secretary may and (C) any Federal, State, local, tribal, or for- reimburse the Secretary of State for (iv) south of a line extending west along eign government, or any entity of such gov- amounts expended by the Secretary of State the 2° parallel of north latitude (but not in- ernment. under this paragraph. cluding the national jurisdiction of Ecuador (12) SECRETARY.—The term ‘‘Secretary’’ (d) ADVISORY COMMITTEE.— (Galapagos Islands)) to the intersection with means the Secretary of Commerce. (1) ESTABLISHMENT OF PERMANENT ADVISORY the 150° meridian of west longitude; then due (13) SOUTH PACIFIC FISHERIES CONVENTION.— COMMITTEE.— north along the 150° meridian of west lon- The term ‘‘South Pacific Fisheries Conven- (A) MEMBERSHIP.—There is established an gitude to its intersection with 10° parallel of tion’’ means the Convention on the Con- advisory committee which shall be composed north latitude; then west along the 10° par- servation and Management of the High Seas of 7 members appointed by the Secretary as allel of north latitude to its intersection Fishery Resources in the South Pacific follows: with the outer limits of the national juris- Ocean (including any annexes, amendments, (i) A member engaging in commercial fish- diction of the Marshall Islands; and then or protocols that are in force, or have come ing in the management area of the Council. generally south and around the outer limits into force, for the United States), which was (ii) 2 members from the indigenous popu- of the national jurisdictions of Pacific adopted at Auckland on November 14, 2009. lation of the Pacific, including a Native Ha- States and territories, New Zealand and Aus- (14) STATE.—The term ‘‘State’’ means each waiian and a native-born inhabitant of any tralia until it connects to the commence- of the several States of the United States, State in the Pacific. ment of the line described in clause (i). the District of Columbia, American Samoa, (iii) A member that is a marine fisheries (5) COUNCIL.—The term ‘‘Council’’ means Guam, and any other commonwealth, terri- scientist and a member of the Council’s Sci- the Western Pacific Regional Fishery Man- tory, or possession of the United States. entific and Statistical Committee. agement Council. (15) STRADDLING STOCK.—The term ‘‘strad- (iv) A member representing a non-govern- (6) EXCLUSIVE ECONOMIC ZONE OF THE UNITED dling stock’’ means a stock of fishery re- mental organization active in fishery issues STATES.—The term ‘‘exclusive economic zone sources which migrates between, or occurs in the Pacific. of the United States’’ means the zone estab- in, the exclusive economic zone of 1 or more (v) A member nominated by the Governor lished by Presidential Proclamation Num- parties to the South Pacific Fisheries Con- of the State of Hawaii. bered 5030 of March 10, 1983 (16 U.S.C. 1453 vention and the Convention Area. (vi) A member designated by the Council. note), the inner boundary of which, for pur- (16) TRANSSHIPMENT.—The term ‘‘trans- (B) TERMS AND PRIVILEGES.—Each member poses of this title, is a line coterminous with shipment’’ means the unloading of all or any of the Advisory Committee shall serve for a the seaward boundary of each of the coastal of the fishery resources or fishery resources term of 2 years and shall be eligible for re- States. products derived from fishing in the Conven- appointment for not more than 3 consecutive (7) FISHERY RESOURCES.— tion Area on board a fishing vessel to an- terms. The Commissioners shall notify the (A) IN GENERAL.—The term ‘‘fishery re- other fishing vessel either at sea or in port. Advisory Committee in advance of each sources’’ means all fish within the Conven- (17) 1982 CONVENTION.—The term ‘‘1982 Con- meeting of the Commissioners. The Advisory tion Area. vention’’ means the United Nations Conven- Committee may attend each meeting and (B) INCLUSIONS.—The term ‘‘fishery re- tion on the Law of the Sea of 10 December may examine and be heard on all proposed sources’’ includes mollusks, crustaceans, and 1982. other living marine resources, including any programs, investigations, reports, rec- SEC. 203. APPOINTMENT OF UNITED STATES ommendations, and regulations of the Com- products thereof, as may be decided by the COMMISSIONERS. missioners. Commission. (a) APPOINTMENT.— (C) PROCEDURES.— (C) EXCLUSIONS.—The term ‘‘fishery re- (1) IN GENERAL.—The United States shall be sources’’ does not include— represented on the Commission by not more (i) IN GENERAL.—The Advisory Committee (i) sedentary species in so far as they are than 3 Commissioners. In making each ap- shall determine its organization and pre- subject to the national jurisdiction of coast- pointment, the President shall select a Com- scribe its practices and procedures for car- al States pursuant to Article 77 paragraph 4 missioner from among individuals who are rying out its functions under this title, the of the 1982 Convention; knowledgeable or experienced concerning South Pacific Fisheries Convention, and the (ii) highly migratory species listed in fishery resources in the South Pacific Ocean. Magnuson-Stevens Fishery Conservation and Annex I of the 1982 Convention; Management Act (16 U.S.C. 1801 et seq.). (2) REPRESENTATION.—At least 1 of the (iii) anadromous species; Commissioners shall be— (ii) PUBLIC AVAILABILITY OF PROCEDURES.— (iv) catadromous species; (A) serving at the pleasure of the Presi- The Advisory Committee shall publish and (v) marine mammals; dent, an officer or employee of— make available to the public a statement of (vi) marine reptiles; or (i) the Department of Commerce; its organization, practices, and procedures. (vii) sea birds. (ii) the Department of State; or (iii) QUORUM.—A majority of the members (8) FISHING.— (iii) the United States Coast Guard; and of the Advisory Committee shall constitute a (A) IN GENERAL.—The term ‘‘fishing’’ (B) the chairperson or designee of the quorum to conduct business. means— Council. (iv) PUBLIC MEETINGS.—Meetings of the Ad- (i) the actual or attempted searching for, (b) ALTERNATE COMMISSIONERS.—The Sec- visory Committee, except when in executive catching, taking, or harvesting of fishery re- retary of State, in consultation with the session, shall be open to the public. Prior no- sources; Secretary, may designate from time to time tice of each non-executive meeting shall be (ii) engaging in any activity that can rea- and for periods of time considered appro- made public in a timely fashion. The Advi- sonably be expected to result in the locating, priate an alternate Commissioner to the sory Committee shall not be subject to the catching, taking, or harvesting of fishery re- Commission. An alternate Commissioner Federal Advisory Committee Act (5 U.S.C. sources for any purpose; may exercise all powers and duties of a Com- App.). (iii) transshipment and any operation at missioner in the absence of a Commissioner (D) PROVISION OF INFORMATION.—The Sec- sea in direct support of, or in preparation appointed under subsection (a). retary and the Secretary of State shall fur- for, any activity described in this subpara- (c) ADMINISTRATIVE MATTERS.— nish the Advisory Committee with relevant graph; or (1) EMPLOYMENT STATUS.—An individual information concerning fishery resources (iv) the use of any vessel, vehicle, aircraft, serving as a Commissioner, or as an alter- and international fishery agreements. or hovercraft, in relation to any activity de- nate Commissioner, other than an officer or (2) ADMINISTRATIVE MATTERS.— scribed in clauses (i) through (iii). employee of the United States Government, (A) SUPPORT SERVICES.—The Secretary (B) EXCLUSIONS.—The term ‘‘fishing’’ does shall not be considered a Federal employee, shall provide to the Advisory Committee in a not include any operation related to an except for the purposes of injury compensa- timely manner such administrative and

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technical support services as are necessary (b) RULE OF CONSTRUCTION.—Regulations SEC. 206. ENFORCEMENT. to function effectively. promulgated under subsection (a) shall be (a) IN GENERAL.—The Secretary and the (B) COMPENSATION; STATUS; EXPENSES.—An applicable only to a person or a fishing ves- Secretary of the department in which the individual appointed to serve as a member of sel that is or has engaged in fishing, or fish- Coast Guard is operating— the Advisory Committee— ery resources covered by the South Pacific (1) shall administer and enforce this title (i) shall serve without pay; and Fisheries Convention under this title. and any regulations issued under this title; (ii) shall not be considered a Federal em- (c) ADDITIONAL AUTHORITY.—The Secretary and ployee, except for the purposes of injury may conduct, and may request and utilize on (2) may request and utilize on a reimbursed compensation or tort claims liability as pro- a reimbursed or non-reimbursed basis the as- or non-reimbursed basis the assistance, serv- vided in chapter 81 of title 5, United States sistance, services, personnel, equipment, and ices, personnel, equipment, and facilities of Code, and chapter 171 of title 28, United facilities of other Federal departments and other Federal departments and agencies in States Code. agencies in— the administration and enforcement of this (e) MEMORANDUM OF UNDERSTANDING.—For (1) scientific, research, and other programs title. fishery resources in the Convention Area, under this title; (b) SECRETARIAL ACTIONS.—Except as pro- (2) fishing operations and biological experi- the Secretary, in coordination with the Sec- vided under subsection (c), the Secretary and retary of State, shall develop a memorandum ments for purposes of scientific investigation the Secretary of the department in which of understanding with the Council that clari- or other purposes necessary to implement the Coast Guard is operating shall prevent fies the role of the Council with respect to— the South Pacific Fisheries Convention; any person from violating this title in the (1) participation in United States delega- (3) the collection, utilization, and disclo- same manner, by the same means, and with tions to international fishery organizations sure of such information as may be nec- the same jurisdiction, powers, and duties as in the Pacific Ocean, including government- essary to implement the South Pacific Fish- though sections 308 through 311 of the Mag- to-government consultations; eries Convention, subject to sections 552 and nuson-Stevens Fishery Conservation and (2) providing formal recommendations to 552a of title 5, United States Code, and sec- Management Act (16 U.S.C. 1858, 1859, 1860, the Secretary and the Secretary of State re- tion 402(b) of the Magnuson-Stevens Fishery 1861) were incorporated into and made a part garding necessary measures for both domes- Conservation and Management Act (16 U.S.C. of this title. Any person that violates any tic and foreign fishing vessels; 1881a(b)); provision of this title is subject to the pen- (3) coordinating positions with the United (4) if recommended by the Commissioners, alties and entitled to the privileges and im- States delegation for presentation to the ap- the assessment and collection of fees, not to munities provided in the Magnuson-Stevens propriate international fishery organization; exceed 3 percent of the ex-vessel value of Fishery Conservation and Management Act and fishery resources harvested by vessels of the (16 U.S.C. 1801 et seq.) in the same manner, (4) recommending those domestic fishing United States in fisheries conducted in the by the same means, and with the same juris- regulations that are consistent with the ac- Convention Area, to recover the actual costs diction, power, and duties as though sections tions of the international fishery organiza- to the United States of management and en- 308 through 311 of that Act (16 U.S.C. 1858, tion, for approval and implementation under forcement under this title, which shall be de- 1859, 1860, 1861) were incorporated into and the Magnuson-Stevens Fishery Conservation posited as an offsetting collection in, and made a part of this title. and Management Act (16 U.S.C. 1801 et seq.). credited to, the account providing appropria- (c) JURISDICTION OF THE COURTS.— SEC. 204. AUTHORITY AND RESPONSIBILITY OF tions to carry out the functions of the Sec- (1) IN GENERAL.—Subject to paragraphs (2) THE SECRETARY OF STATE. retary under this title; and and (3), the district courts of the United The Secretary of State may— (5) the issuance of permits to owners and States shall have exclusive jurisdiction over (1) receive and transmit, on behalf of the operators of United States vessels to engage any case or controversy arising under the United States, reports, requests, rec- in fishing in the Convention Area seaward of provisions of this title, and any such court ommendations, proposals, decisions, and the exclusive economic zone of the United may at any time— other communications of and to the Commis- States, under such terms and conditions as (A) enter restraining orders or prohibi- sion; the Secretary may prescribe, including the tions; (2) in consultation with the Secretary, act period of time that a permit is valid. upon, or refer to other appropriate author- (d) CONSISTENCY WITH OTHER LAWS.—The (B) issue warrants, process in rem, or other ity, any communication under paragraph (1); Secretary shall ensure the consistency, to process; (3) with the concurrence of the Secretary, the extent practicable, of fishery manage- (C) prescribe and accept satisfactory bonds and in accordance with the provisions of the ment programs administered under this or other security; and Convention, object to any decision of the title, the Magnuson-Stevens Fishery Con- (D) take such other actions as are in the Commission; and servation and Management Act (16 U.S.C. interest of justice. (4) in the conduct of any program, includ- 1801 et seq.), the Tuna Conventions Act of (2) HAWAII AND PACIFIC INSULAR AREAS.—In ing scientific and research programs, under 1950 (16 U.S.C. 951 et seq.), the South Pacific the case of Hawaii or any other State in the this title, request and utilize on a reim- Tuna Act of 1988 (16 U.S.C. 973 et seq.), sec- Pacific Ocean, the appropriate court is the bursed or non-reimbursed basis the assist- tion 401 of Public Law 108–219 (16 U.S.C. 1821 United States District Court for the District ance, services, personnel, equipment, and fa- note) (relating to Pacific albacore tuna), the of Hawaii, except that— cilities of other Federal departments and Atlantic Tunas Convention Act of 1975 (16 (A) in the case of Guam and Wake Island, agencies, foreign governments, foreign agen- U.S.C. 971 et seq.), and the Western and Cen- the appropriate court is the United States cies, or international intergovernmental or- tral Pacific Fisheries Convention Implemen- District Court for the District of Guam; and ganizations. tation Act (16 U.S.C. 6901 et seq.). (B) in the case of the Northern Mariana Is- SEC. 205. AUTHORITY OF THE SECRETARY OF (e) JUDICIAL REVIEW OF REGULATIONS.— lands, the appropriate court is the United COMMERCE. (1) IN GENERAL.—Regulations promulgated States District Court for the District of the (a) PROMULGATION OF REGULATIONS.— by the Secretary under this title shall be Northern Mariana Islands. (1) AUTHORITY.—The Secretary, in con- subject to judicial review to the extent au- (3) CONSTRUCTION.—Each violation shall be sultation with the Secretary of State and, thorized by, and in accordance with, chapter a separate offense and the offense shall be with respect to enforcement measures, the 7 of title 5, United States Code, if a petition deemed to have been committed not only in Secretary of the department in which the for such review is filed not later than 30 days the district where the violation first oc- Coast Guard is operating, is authorized to after the date on which the regulations are curred, but also in any other district author- promulgate such regulations as may be nec- promulgated. ized by law. Any offense not committed in essary to carry out United States inter- (2) RESPONSES.—Notwithstanding any any district is subject to the venue provi- national obligations under the South Pacific other provision of law, the Secretary shall sions of section 3238 of title 18, United States Fisheries Convention and this title, includ- file a response to any petition filed in ac- Code. ing recommendations and decisions adopted cordance with paragraph (1), not later than (d) CONFIDENTIALITY.— by the Commission. 30 days after the date the Secretary is served (1) IN GENERAL.—Any information sub- (2) REGULATIONS OF STRADDLING STOCKS.—If with that petition, except that the appro- mitted in compliance with a requirement the Secretary has discretion in the imple- priate court may extend the period for filing under this title to the Secretary or to imple- mentation of 1 or more measures adopted by such a response upon a showing by the Sec- ment the Convention, including information the Commission that would govern a strad- retary of good cause for that extension. submitted on or before the date of enactment dling stock under the authority of the Coun- (3) COPIES OF ADMINISTRATIVE RECORD.—A of the Ensuring Access to Fisheries Act, cil, the Secretary shall promulgate, to the response of the Secretary under paragraph shall be confidential and may not be dis- extent practicable within the implementa- (2) shall include a copy of the administrative closed, except— tion schedule of the South Pacific Fisheries record for the regulations that are the sub- (A) to a Federal employee who is respon- Convention and any recommendations and ject of the petition. sible for administering, implementing, or en- decisions adopted by the Commission, such (4) EXPEDITED HEARINGS.—Upon a motion forcing this title; regulations in accordance with the proce- by the person who files a petition under this (B) to the Commission, in accordance with dures established by the Magnuson-Stevens subsection, the appropriate court shall as- requirements in the South Pacific Fisheries Fishery Conservation and Management Act sign the matter for hearing at the earliest Convention and decisions of the Commission, (16 U.S.C. 1801 et seq.). possible date. and, insofar as possible, in accordance with

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AUTHORIZATION OF APPROPRIATIONS. dures the Secretary considers necessary to tigation by the Commission, during the pe- (a) IN GENERAL.—There is authorized to be preserve the confidentiality of information riod the fishery resources have been denied appropriated out of funds made available to under this title. entry in accordance with the provisions of the Secretary and the Secretary of State (B) EXCEPTION.—The Secretary may release this title; $500,000 for each of fiscal years 2017 through or make public information submitted under (14) to make or submit any false record, ac- 2021 to carry out this title and to pay the this title if the information is in any aggre- count, or label for, or any false identification United States contribution to the Commis- gate or summary form that does not directly of, any fishery resources which have been, or sion under Article 15 of the South Pacific or indirectly disclose the identity or busi- are intended to be imported, exported, trans- Fisheries Convention. ness of any person. ported, sold, offered for sale, purchased, or (b) INTERNATIONAL COOPERATION AND AS- (3) RULE OF CONSTRUCTION.—Nothing in this received in interstate or foreign commerce; SISTANCE.— subsection shall be interpreted or construed or (1) IN GENERAL.—Subject to the limits of to prevent the use for conservation and man- (15) to refuse to authorize and accept available appropriations and consistent with agement purposes by the Secretary of any boarding by a duly authorized inspector pur- applicable law, the Secretary or the Sec- information submitted under this title. suant to procedures adopted by the Commis- retary of State shall provide appropriate as- SEC. 207. PROHIBITED ACTS. sion for the boarding and inspection of fish- sistance, including grants, to developing na- It is unlawful for any person— ing vessels in the Convention Area. tions and international organizations of (1) to violate any provision of this title or SEC. 208. COOPERATION IN CARRYING OUT CON- which such nations are members to assist any regulation or permit issued under this VENTION. those nations in meeting their obligations title; (a) FEDERAL AND STATE AGENCIES; PRIVATE under the South Pacific Fisheries Conven- (2) to use any fishing vessel to engage in INSTITUTIONS AND ORGANIZATIONS.—The Sec- tion. fishing without, or after the revocation or retary may cooperate with departments and (2) TRANSFER OF FUNDS.—Subject to the during the period of suspension of, an appli- agencies of the United States Government, limits of available appropriations and con- cable permit issued under this title; any public or private institutions or organi- sistent with other applicable law, the Sec- (3) to refuse to permit any officer author- zations within the United States or abroad, retary and the Secretary of State are au- ized to enforce the provisions of this title to and, through the Secretary of State, the thorized to transfer funds to any foreign gov- board a fishing vessel subject to such per- duly authorized officials of the government ernment, international, non-governmental, son’s control for the purposes of conducting of any party to the South Pacific Fisheries or international organization, including the any search, investigation, or inspection in Convention, in carrying out responsibilities Commission, for purposes of carrying out the connection with the enforcement of this title under this title. international responsibilities under para- or the South Pacific Fisheries Convention; (b) SCIENTIFIC AND OTHER PROGRAMS; FA- graph (1). (4) to assault, resist, oppose, impede, in- CILITIES AND PERSONNEL.—Each Federal de- TITLE III—NORTHWEST ATLANTIC FISH- timidate, or interfere with any such author- partment and agency is authorized, upon the ERIES CONVENTION AMENDMENTS ACT request of the Secretary, to cooperate in the ized officer in the conduct of any search, in- SEC. 301. SHORT TITLE; REFERENCES TO THE vestigation, or inspection in connection with conduct of scientific and other programs and NORTHWEST ATLANTIC FISHERIES the enforcement of this title or the South to furnish facilities and personnel for the CONVENTION ACT OF 1995. Pacific Fisheries Convention; purpose of assisting the Commission in car- (a) SHORT TITLE.—This title may be cited (5) to resist a lawful arrest for any act pro- rying out its duties under the South Pacific as the ‘‘Northwest Atlantic Fisheries Con- hibited by this title or any regulation pro- Fisheries Convention. vention Amendments Act’’. mulgated or permit issued under this title; (c) SANCTIONED FISHING OPERATIONS AND (b) REFERENCES TO THE NORTHWEST ATLAN- (6) to ship, transport, offer for sale, sell, BIOLOGICAL EXPERIMENTS.—Nothing in this TIC FISHERIES CONVENTION ACT OF 1995.—Ex- purchase, import, export, or have custody, title, or in the laws of any State, prevents cept as otherwise expressly provided, when- control, or possession of any fisheries re- the Secretary or the Commission from— ever in this title an amendment or repeal is sources if the person knew or should have (1) conducting or authorizing the conduct expressed in terms of an amendment to, or known in the exercise of due care that the of fishing operations and biological experi- repeal of, a section or other provision, the fisheries resources were taken or retained in ments at any time for purposes of scientific reference shall be considered to be made to a violation of this title or any regulation or investigation; or section or other provision of the Northwest permit referred to in paragraph (1) or para- (2) discharging any other duties prescribed Atlantic Fisheries Convention Act of 1995 (16 graph (2); by the South Pacific Fisheries Convention. U.S.C. 5601 et seq.). (7) to interfere with, delay, or prevent, by (d) STATE JURISDICTION NOT AFFECTED.— SEC. 302. REPRESENTATION OF THE UNITED any means, the apprehension or arrest of an- Nothing in this title shall be construed to di- STATES UNDER CONVENTION. other person, knowing that such other per- minish or to increase the jurisdiction of any Section 202 (16 U.S.C. 5601) is amended— son has committed any act prohibited by State in the territorial sea of the United (1) in subsection (a)(1), by striking ‘‘Gen- this section; States. eral Council and the Fisheries’’; (8) to submit to the Secretary false infor- SEC. 209. TERRITORIAL PARTICIPATION. (2) in subsection (b)(1), by striking ‘‘at a mation (including false information regard- The Secretary of State shall ensure par- meeting of the General Council or the Fish- ing the capacity and extent to which a ticipation in the Commission and its sub- eries Commission’’; United States fish processor, on an annual sidiary bodies by American Samoa, Guam, (3) in subsection (b)(2), by striking ‘‘, at basis, will process a portion of the optimum and the Commonwealth of the Northern Mar- any meeting of the General Council or the yield of a fishery that will be harvested by iana Islands to the same extent provided to Fisheries Commission for which the Alter- fishing vessels of the United States) regard- the territories of other nations. nate Commissioner is designated’’; ing any matter that the Secretary is consid- SEC. 210. EXCLUSIVE ECONOMIC ZONE NOTIFICA- (4) in subsection (d)(1), by striking ‘‘at a ering in the course of carrying out this title TION. meeting of the Scientific Council’’; if the person knew or should have known in Masters of commercial fishing vessels of (5) in subsection (d)(2), by striking ‘‘, at the exercise of due care that the information nations fishing under the management au- any meeting of the Scientific Council for was false; thority of the South Pacific Fisheries Con- which the Alternative Representative is des- (9) to assault, resist, oppose, impede, in- vention that do not carry vessel monitoring ignated’’; and timidate, sexually harass, bribe, or interfere systems capable of communicating with (6) in subsection (f)(1)(A), by striking with any observer on a vessel under this United States enforcement authorities shall, ‘‘Magnuson Act’’ and inserting ‘‘Magnuson-

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Stevens Fishery Conservation and Manage- ‘‘(7) COUNCIL.—The term ‘Council’ means ‘‘SEC. 211. CONTRIBUTIONS TO ORGANIZATION. ment Act’’. the New England Fishery Management Coun- ‘‘There is authorized to be appropriated SEC. 303. REQUESTS FOR SCIENTIFIC ADVICE. cil or the Mid-Atlantic Fishery Management out of funds made available to the Secretary Section 203 (16 U.S.C. 5602) is amended— Council. and the Secretary of State $500,000 for each (1) in subsection (a)— ‘‘(8) FISHERY RESOURCES.— of fiscal years 2017 through 2021 to carry out (A) by striking ‘‘The Representatives may’’ ‘‘(A) IN GENERAL.—The term ‘fishery re- this title and to pay the United States con- and inserting ‘‘A Representative may’’; sources’ means all fish, mollusks, and crus- tribution to the Organization as provided in (B) by striking ‘‘described in subsection taceans, including any products thereof, Article IX of the Convention.’’. (b)(1) or (2)’’ and inserting ‘‘described in within the Convention Area. paragraph (1) or (2) of subsection (b)’’; and ‘‘(B) EXCLUSIONS.—The term ‘fishery re- SEC. 310. QUOTA ALLOCATION PRACTICE. (C) by striking ‘‘the Representatives have’’ sources’ does not include— Section 213 (16 U.S.C. 5612) is repealed. and inserting ‘‘the Representative has’’; ‘‘(i) sedentary species over which coastal (2) by striking ‘‘VII(1)’’ each place it ap- States may exercise sovereign rights con- pears and inserting ‘‘VII(10)(b)’’; and sistent with Article 77 of the 1982 Conven- SA 4004. Mr. NELSON submitted an (3) in subsection (b)(2), by striking tion; or amendment intended to be proposed to ‘‘VIII(2)’’ and inserting ‘‘VII(11)’’. ‘‘(ii) in so far as they are managed under amendment SA 3896 proposed by Ms. SEC. 304. AUTHORITIES OF SECRETARY OF STATE other international treaties, anadromous COLLINS (for herself, Mr. KIRK, Mr. WITH RESPECT TO CONVENTION. and catadromous stocks and highly migra- REED, and Mr. TESTER) to the bill H.R. Section 204 (16 U.S.C. 5603) is amended by tory species listed in Annex I of the 1982 Con- 2577, making appropriations for the De- striking ‘‘Fisheries Commission’’ each place vention. ‘‘(9) FISHING ACTIVITIES.— partments of Transportation, and it appears and inserting ‘‘Commission con- Housing and Urban Development, and sistent with the procedures detailed in Arti- ‘‘(A) IN GENERAL.—The term ‘fishing activi- cles XIV and XV of the Convention’’. ties’ means harvesting or processing fishery related agencies for the fiscal year end- SEC. 305. INTERAGENCY COOPERATION. resources, or transhipping of fishery re- ing September 30, 2016, and for other Section 205(a) (16 U.S.C. 5604(a)) is amended sources or products derived from fishery re- purposes; which was ordered to lie on to read as follows: sources, or any other activity in preparation the table; as follows: ‘‘(a) AUTHORITIES OF THE SECRETARY.—In for, in support of, or related to the har- In division A, strike section 225 and insert carrying out the provisions of the Conven- vesting of fishery resources. the following: tion and this title, the Secretary may ar- ‘‘(B) INCLUSIONS.—The term ‘fishing activi- range for cooperation with— ties’ includes— SEC. 225. (a) Any entity receiving housing ‘‘(1) any department, agency, or instru- ‘‘(i) the actual or attempted searching for assistance payments shall maintain decent, mentality of the United States; or catching or taking of fishery resources; safe, and sanitary conditions, as determined ‘‘(2) a State; ‘‘(ii) any activity that can reasonably be by the Secretary of Housing and Urban De- ‘‘(3) a Council; or expected to result in locating, catching, tak- velopment (in this section referred to as the ‘‘(4) a private institution or an organiza- ing, or harvesting of fishery resources for ‘‘Secretary’’), and comply with any stand- tion.’’. any purpose; and ards under applicable State or local laws, ‘‘(iii) any operation at sea in support of, or SEC. 306. PROHIBITED ACTS AND PENALTIES. rules, ordinances, or regulations relating to in preparation for, any activity described in Section 207 (16 U.S.C. 5606) is amended— the physical condition of any property cov- this paragraph. (1) by striking ‘‘Magnuson Act’’ each place ered under a housing assistance payment ‘‘(C) EXCLUSIONS.—The term ‘fishing activi- it appears and inserting ‘‘Magnuson-Stevens contract. ties’ does not include any operation related Fishery Conservation and Management Act’’; (b) The Secretary shall take action under to emergencies involving the health and and subsection (c) when a multifamily housing safety of crew members or the safety of a project with a section 8 contract or contract (2) by striking ‘‘fish’’ each place it appears vessel. and inserting ‘‘fishery resources’’. for similar project-based assistance— ‘‘(10) FISHING VESSEL.— (1) receives a Uniform Physical Condition SEC. 307. CONSULTATIVE COMMITTEE. ‘‘(A) IN GENERAL.—The term ‘fishing vessel’ Section 208 (16 U.S.C. 5607) is amended— means a vessel that is or has been engaged in Standards (UPCS) score of 30 or less; (1) in subsection (b)(2), by striking ‘‘two’’ fishing activities. (2) fails to certify in writing to the Sec- retary within 3 days that all Exigent Health and inserting ‘‘2’’; and ‘‘(B) INCLUSIONS.—The term ‘fishing vessel’ (2) in subsection (c), by striking ‘‘General includes a fish processing vessel or a vessel and Safety deficiencies identified by the in- Council or the Fisheries’’ each place it ap- engaged in transshipment or any other activ- spector at the project have been corrected; pears. ity in preparation for or related to fishing or SEC. 308. DEFINITIONS. activities, or in experimental or exploratory (3) receives a UPCS score between 31 and 59 Section 210 (16 U.S.C. 5609) is amended to fishing activities. and has received consecutive scores of less read as follows: ‘‘(11) ORGANIZATION.—The term ‘Organiza- than 60 on UPCS inspections. ‘‘SEC. 210. DEFINITIONS. tion’ means the Northwest Atlantic Fish- Such requirements shall apply to insured ‘‘In this title: eries Organization provided for by Article V and noninsured projects with assistance at- ‘‘(1) 1982 CONVENTION.—The term ‘1982 Con- of the Convention. tached to the units under section 8 of the vention’ means the United Nations Conven- ‘‘(12) PERSON.—The term ‘person’ means United States Housing Act of 1937 (42 U.S.C. tion on the Law of the Sea of 10 December any individual (whether or not a citizen or 1437f), but do not apply to such units assisted 1982. national of the United States), and any cor- under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) ‘‘(2) AUTHORIZED ENFORCEMENT OFFICER.— poration, partnership, association, or other or to public housing units assisted with cap- The term ‘authorized enforcement officer’ entity (whether or not organized or existing ital or operating funds under section 9 of the means a person authorized to enforce this under the laws of any State). United States Housing Act of 1937 (42 U.S.C. title, any regulation issued under this title, ‘‘(13) REPRESENTATIVE.—The term ‘Rep- 1437g). or any measure that is legally binding on the resentative’ means a United States Rep- (c) CORRECTIONS OF DEFICIENCIES.— United States under the Convention. resentative to the Northwest Atlantic Fish- (1) The Secretary shall notify the owner ‘‘(3) COMMISSION.—The term ‘Commission’ eries Scientific Council appointed under sec- and provide an opportunity for response means the body provided for by Articles V, tion 202. within 30 days. If the violations remain, the VI, XIII, XIV, and XV of the Convention. ‘‘(14) SCIENTIFIC COUNCIL.—The term ‘Sci- Secretary shall develop a Compliance, Dis- ‘‘(4) COMMISSIONER.—The term ‘Commis- entific Council’ means the Scientific Council position and Enforcement Plan within 60 sioner’ means a United States Commissioner provided for by Articles V, VI, and VII of the days and must provide the owner with a No- to the Northwest Atlantic Fisheries Organi- Convention. tice of Default with a specified timetable, de- zation appointed under section 202. ‘‘(15) SECRETARY.—The term ‘Secretary’ termined by the Secretary, for correcting all ‘‘(5) CONVENTION.—The term ‘Convention’ means the Secretary of Commerce. deficiencies. The Secretary must also pro- means the Convention on Future Multilat- ‘‘(16) STATE.—The term ‘State’ means each vide a copy of the Notice of Default to the eral Cooperation in the Northwest Atlantic of the several States of the United States, tenants, the local government, any mortga- Fisheries, done at Ottawa on October 24, 1978, the District of Columbia, and any other com- gees, and any contract administrator. If the and as amended on September 28, 2007. monwealth, territory, or possession of the owner’s appeal results in a UPCS score of 60 ‘‘(6) CONVENTION AREA.—The term ‘Conven- United States. or above, the Secretary may withdraw the tion Area’ means the waters of the North- ‘‘(17) TRANSSHIPMENT.—The term ‘trans- Notice of Default. west Atlantic Ocean north of 35°00′ N and shipment’ means the unloading of all or any (2) At the end of the time period for cor- west of a line extending due north from 35°00′ of the fishery resources on board a fishing recting all deficiencies specified in the No- N and 42°00′ W to 59°00′ N, thence due west to vessel to another fishing vessel either at sea tice of Default, if the owner fails to fully cor- 44°00′ W, and thence due north to the coast of or in port.’’. rect such deficiencies, the Secretary may— Greenland, and the waters of the Gulf of St. SEC. 309. AUTHORIZATION OF APPROPRIATIONS. (A) require immediate replacement of Lawrence, Davis Strait and Baffin Bay south Section 211 (16 U.S.C. 5610) is amended to project management with a management of 78°10′ N. read as follows: agent approved by the Secretary;

VerDate Sep 11 2014 04:57 May 18, 2016 Jkt 059060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.039 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2910 CONGRESSIONAL RECORD — SENATE May 17, 2016 (B) impose civil money penalties, which AUTHORITY FOR COMMITTEES TO committee on East Asia, the Pacific, shall be used solely for the purpose of sup- MEET and International Cyber Security be porting safe and sanitary conditions at appli- COMMITTEE ON ENERGY AND NATURAL authorized to meet during the session cable properties, as designated by the Sec- of the Senate on May 17, 2016, 4 p.m., to retary, with priority given to the tenants of RESOURCES the property affected by the penalty; Ms. COLLINS. Mr. President, I ask conduct a hearing entitled ‘‘Inter- (C) abate the section 8 contract, including unanimous consent that the Com- national Cybersecurity Strategy.’’ partial abatement, as determined by the Sec- mittee on Energy and Natural Re- The PRESIDING OFFICER. Without retary, until all deficiencies have been cor- sources be authorized to meet during objection, it is so ordered. rected; the session of the Senate on May 17, SUBCOMMITTEE ON FISHERIES, WATER, AND (D) pursue transfer of the project to an 2016, at 10 a.m., in room SD–366 of the WILDLIFE owner, approved by the Secretary under es- Dirksen Senate Office Building. Ms. COLLINS. Mr. President, I ask tablished procedures, which will be obligated unanimous consent that the Sub- to promptly make all required repairs and to The PRESIDING OFFICER. Without accept renewal of the assistance contract as objection, it is so ordered. committee on Fisheries, Water, and long as such renewal is offered; COMMITTEE ON FINANCE Wildlife of the Committee on Environ- (E) transfer the existing section 8 contract Ms. COLLINS. Mr. President, I ask ment and Public Works be authorized to another project or projects and owner or unanimous consent that the Com- to meet during the session of the Sen- owners; mittee on Finance be authorized to ate on May 17, 2016, at 10 a.m., in room (F) pursue exclusionary sanctions, includ- meet during the session of the Senate SD–406 of the Dirksen Senate Office ing suspensions or debarments from Federal on May 17, 2016, at 10 a.m., in room SD– Building, to conduct a hearing entitled programs; ‘‘Marine Debris and Wildlife: Impacts, (G) seek judicial appointment of a receiver 215 of the Dirksen Senate Office Build- to manage the property and cure all project ing, to conduct a hearing entitled ‘‘In- Sources, and Solutions.’’ deficiencies or seek a judicial order of spe- tegrating the Corporate and Individual The PRESIDING OFFICER. Without cific performance requiring the owner to Tax Systems: The Dividends Paid De- objection, it is so ordered. cure all project deficiencies; duction Considered.’’ SUBCOMMITTEE ON WATER AND POWER (H) work with the owner, lender, or other The PRESIDING OFFICER. Without Ms. COLLINS. Mr. President, I ask related party to stabilize the property in an objection, it is so ordered. unanimous consent that the Com- attempt to preserve the property through compliance, transfer of ownership, or an in- COMMITTEE ON FOREIGN RELATIONS mittee on Energy and Natural Re- fusion of capital provided by a third-party Ms. COLLINS. Mr. President, I ask sources’ Subcommittee on Water and that requires time to effectuate; or unanimous consent that the Com- Power be authorized to meet during (I) take any other regulatory or contrac- mittee on Foreign Relations be author- the session of the Senate on May 17, tual remedies available as deemed necessary ized to meet during the session of the 2016, at 2 p.m., in room SD–366 of the and appropriate by the Secretary. Senate on May 17, 2016, 11 a.m., to con- Dirksen Senate Office Building. (d) The Secretary shall also take appro- duct a hearing entitled ‘‘War in Syria: The PRESIDING OFFICER. Without priate steps to ensure that project-based con- Next Steps to Mitigate the Crisis.’’ objection, it is so ordered. tracts remain in effect, subject to the exer- The PRESIDING OFFICER. Without f cise of contractual abatement remedies to objection, it is so ordered. PRIVILEGES OF THE FLOOR assist relocation of tenants for major threats COMMITTEE ON HOMELAND SECURITY AND to health and safety after written notice to GOVERNMENTAL AFFAIRS Ms. COLLINS. Mr. President, I ask and informed consent of the affected tenants Ms. COLLINS. Mr. President, I ask unanimous consent that Christopher and use of other remedies set forth above. To unanimous consent that the Com- Banks, a congressional detailee to the the extent the Secretary determines, in con- mittee on Homeland Security and Gov- Appropriations Committee, be given sultation with the tenants and the local gov- ernmental Affairs be authorized to floor privileges for the remainder of ernment, that the property is not feasible for meet during the session of the Senate this session. continued rental assistance payments under on May 17, 2016, at 2:30 p.m., to conduct The PRESIDING OFFICER. Without such section 8 or other programs, based on a hearing entitled ‘‘America’s Insatia- objection, it is so ordered. consideration of (1) the costs of rehabili- ble Demand for Drugs: Assessing the f tating and operating the property and all Federal Response.’’ available Federal, State, and local resources, The PRESIDING OFFICER. Without NATIONAL POLICE WEEK including rent adjustments under section 524 objection, it is so ordered. Ms. COLLINS. Mr. President, I ask of the Multifamily Assisted Housing Reform COMMITTEE ON THE JUDICIARY unanimous consent that the Senate and Affordability Act of 1997 (‘‘MAHRAA’’) Ms. COLLINS. Mr. President, I ask proceed to the consideration of S. Res. and (2) environmental conditions that can- unanimous consent that the Com- 468, which was submitted earlier today. not be remedied in a cost-effective fashion, mittee on the Judiciary be authorized The PRESIDING OFFICER. The the Secretary may, in consultation with the clerk will report the resolution by tenants of that property, contract for to meet during the session of the Sen- title. project-based rental assistance payments ate on May 17, 2016, at 10 a.m., in room with an owner or owners of other existing SD–226 of the Dirksen Senate Office The senior assistant legislative clerk housing properties, or provide other rental Building, to conduct a hearing entitled read as follows: assistance. ‘‘National Foster Care Month: Sup- A resolution (S. Res. 468) designating the porting Youth in the Foster Care and week of May 15 through May 21, 2016, as ‘‘Na- (e) The Secretary shall report quarterly on Juvenile Justice Systems.’’ tional Police Week.’’ all properties covered by this section that The PRESIDING OFFICER. Without There being no objection, the Senate are assessed through the Real Estate Assess- objection, it is so ordered. proceeded to consider the resolution. ment Center and have UPCS physical inspec- SELECT COMMITTEE ON INTELLIGENCE tion scores of less than 60 or have received Ms. COLLINS. Mr. President, I ask an unsatisfactory management and occu- Ms. COLLINS. Mr. President, I ask unanimous consent that I be added as a pancy review within the past 36 months. The unanimous consent that the Select cosponsor to S. Res. 468. report shall include— Committee On Intelligence be author- The PRESIDING OFFICER. Without (1) the enforcement actions being taken to ized to meet during the session of the objection, it is so ordered. address such conditions, including imposi- Senate on May 17, 2016, at 2:30 p.m., in Ms. COLLINS. I ask unanimous con- tion of civil money penalties and termi- room SH–219 of the Hart Senate Office sent that the resolution be agreed to, nation of subsidies, and identify properties Building. the preamble be agreed to, and the mo- that have such conditions multiple times; The PRESIDING OFFICER. Without tions to reconsider be considered made (2) actions that the Department of Housing objection, it is so ordered. and laid upon the table with no inter- and Urban Development is taking to protect SUBCOMMITTEE ON EAST ASIA, THE PACIFIC, AND vening action or debate. tenants of such identified properties; and INTERNATIONAL CYBER SECURITY (3) any administrative or legislative rec- The PRESIDING OFFICER. Without ommendations to further improve the living Ms. COLLINS. Mr. President, I ask objection, it is so ordered. conditions at properties covered under a unanimous consent that the Com- The resolution (S. Res. 468) was housing assistance payment contract. mittee on Foreign Relations Sub- agreed to.

VerDate Sep 11 2014 04:57 May 18, 2016 Jkt 059060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.040 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 17, 2016 CONGRESSIONAL RECORD — SENATE S2911 The preamble was agreed to. the Senator from Rhode Island, Mr. beneficial climactic changes’’; the Hoo- (The resolution, with its preamble, is WHITEHOUSE. ver Institution, whose senior fellow is printed in today’s RECORD under ‘‘Sub- The PRESIDING OFFICER. Without not a climate scientist, argued that cli- mitted Resolutions.’’) objection, it is so ordered. mate data since 1880 supports a conclu- The Senator from Rhode Island. sion that it would take as long as long f f as 500 years to reach 4 degrees centi- NORTH PACIFIC FISHERIES CON- grade of global warming; the Manhat- CLIMATE CHANGE VENTION IMPLEMENTATION ACT tan Institute of Policy Research, where Mr. WHITEHOUSE. Mr. President, I Ms. COLLINS. Mr. President, I ask a senior fellow writing about climate thank the chairman for giving me this unanimous consent that the Senate change said: ‘‘The science is not set- time at the end of the day and con- tled, not by a long shot. . . . Further- proceed to the immediate consider- gratulate her on the progress that has more, even if we accept that carbon di- ation of Calendar No. 405, S. 1335. been made with my senior Senator, oxide is bad, it’s not clear exactly what The PRESIDING OFFICER. The JACK REED, on this bill. we should do about it’’; the so-called clerk will report the bill by title. This is the 137th time that I have ad- National Black Chamber of Commerce, The senior assistant legislative clerk dressed this body, asking us to wake up whose President and CEO, Harry read as follows: to the threat of climate change. While Alford, played the debunked denier A bill (S. 1335) to implement the Conven- we sleepwalk, our atmosphere and card, that ‘‘there has been no global tion on the Conservation and Management of oceans continue to suffer the damage warming detected for the last 18 years. the High Seas Fisheries Resources in the North Pacific Ocean, as adopted at Tokyo on caused by carbon pollution. As we do That is over 216 months in a row that February 24, 2012, and for other purposes. nothing, more and more Americans de- there has been no detected global warming.’’ By the way, NASA just re- There being no objection, the Senate mand action. Look at the new findings ported that April was the hottest April proceeded to consider the bill. from Yale and George Mason Univer- sities. Despite years of industry cli- ever recorded, just like every one of Ms. COLLINS. Mr. President, I ask the past 7 months was the hottest ever unanimous consent that the Sullivan mate denial propaganda, 75 percent of all registered voters—88 percent of recorded for that month. Let’s not for- substitute amendment be agreed to, get our friends at the Pacific Legal the bill, as amended, be read a third Democrats, 78 percent of Independents, and 61 percent of Republicans—support Foundation, whose senior attorney at- time and passed, and the motion to re- tacked EPA’s authority to even regu- consider be considered made and laid regulating carbon dioxide as a pollut- ant; 74 percent of registered voters—88 late CO2, in part, because it is a ‘‘ubiq- upon the table. uitous natural substance essential to The PRESIDING OFFICER. Without percent of Democrats, 74 percent of Independents, and 56 percent of Repub- life on Earth.’’ objection, it is so ordered. Saying one thing and doing another— The amendment (No. 4003) in the na- licans—say corporations and industry should do more to address global warm- ExxonMobil is publicly saying it is sep- ture of a substitute was agreed to. arated from the climate denial outfits, (The amendment is printed in today’s ing, and 68 percent of all registered voters—86 percent of Democrats, 66 but it is still subsidizing their work to RECORD under ‘‘Text of Amendments.’’) percent of Independents, and 47 percent undermine public understanding of cli- The bill (S. 1335), as amended, was or- mate change. This doesn’t even count dered to be engrossed for a third read- even of Republicans—believe fossil fuel companies should be required to pay a whatever they may be doing behind the ing, was read the third time, and dark money curtain that wretched passed. carbon tax and the money should be used to reduce other taxes, such as in- Citizens United decision gave them. The hypocrisy turns even worse in f come taxes, by an equal amount. fossil fuel industry lobbying. An So why does this Chamber sit idly by ORDERS FOR WEDNESDAY, MAY 18, ExxonMobil executive recently stated: and not even have that conversation? 2016 ‘‘When governments are considering Take the fossil fuel industry. For years policy options, ExxonMobil believes a Ms. COLLINS. Mr. President, I ask Big Oil and its allies funded outright revenue-neutral carbon tax is the most unanimous consent that when the Sen- denial of man-made climate change. effective way to manage carbon emis- ate completes its business today, it ad- Now they have shifted strategies, from journ until 9:30 a.m., Wednesday, May sions.’’ denial to dissembling—saying one I have a revenue-neutral carbon tax 18; that following the prayer and thing but doing another. pledge, the morning hour be deemed bill, along with Senator SCHATZ, and I Take ExxonMobil. In 2007, the oil can assure this body that ExxonMobil expired, the Journal of proceedings be giant committed to stop funding the approved to date, and the time for the is not lobbying in support of it. Every front groups that promote science de- Member of Congress knows that all the two leaders be reserved for their use nial. Here is what they said: ‘‘In 2008, later in the day; further, that following massive political infrastructure of the we will discontinue contributions to fossil fuel industry is adamantly op- leader remarks, the Senate be in a pe- several public policy research groups riod of morning business for 1 hour, posed to any meaningful action. whose positions on climate change Shell Oil issued a report just last with Senators permitted to speak could divert attention from the impor- week that states: ‘‘Economy-wide car- therein, and with the majority control- tant discussion on how the world will bon pricing—whether through carbon ling the first half and the Democrats secure the energy required for eco- trading, carbon taxes or mandated car- controlling the final half; that fol- nomic growth in an environmentally bon-emissions standards—provides an lowing morning business, the Senate responsible manner.’’ efficient and cost-effective way of then resume consideration of H.R. 2577; This sounds like a step toward re- aligning incentives and motivating ac- finally, that all time during the ad- sponsible corporate behavior. A casual tion across the economy to reduce car- journment and morning business count reader might believe that ExxonMobil bon emissions.’’ postcloture on the Blunt-Murray would in fact stop funding groups with Top executives of six large European amendment No. 3900. anti-scientific climate positions. One oil and gas companies, including Shell, The PRESIDING OFFICER. Is there might think that, but one would be BP and Statoil, issued a joint letter objection? wrong. calling on governments ‘‘to introduce Without objection, it is so ordered. According to publicly available com- carbon pricing systems where they do f pany documents, in 2014, ExxonMobil not yet exist at the national or re- funded several organizations that pro- gional levels. . . . [W]e and our senior ORDER FOR ADJOURNMENT mote climate science disinformation, staff will seek to engage and share our Ms. COLLINS. Mr. President, if there including the American Legislative Ex- companies’ perspectives on the role of is no further business to come before change Council, which peddled legisla- carbon pricing in several important the Senate, I ask unanimous consent tion to State legislatures that include settings,’’ which includes ‘‘in our meet- that it stand adjourned under the pre- a finding that human-induced global ings with Ministers and government vious order following the remarks of warming ‘‘may lead to . . . possibly representatives.’’

VerDate Sep 11 2014 04:57 May 18, 2016 Jkt 059060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.081 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2912 CONGRESSIONAL RECORD — SENATE May 17, 2016 I ask unanimous consent to have false claims of support for a carbon Republican colleagues are eager for some po- printed in the RECORD the letter at the price. Since we actually see the fossil litical support, to counter the fossil fuel in- conclusion of my remarks. fuel industry’s lobbying presence, we dustry’s relentless onslaught. The question is, Has any Member of Despite the statements emitted from oil wanted to correct any false impression. companies’ executive suites about taking cli- the Senate ever seen Shell or BP or What we see in Congress is that their lob- mate change seriously and supporting a price Statoil or any other oil and gas com- bying efforts are 100 percent opposed to any on carbon, their lobbying presence in Con- pany or any of their lobbying entities action on Climate. . . . Whatever position gress is 100% opposed to any action. In par- even once lobby Members of Congress AGU chooses to take, you should not take it ticular, the American Petroleum Institute, on carbon pricing—other than, of based on self-serving representations by the oil industry trade association, is an im- course, to say, hell, no. ExxonMobil. placable foe. Given the industry’s massive My bill with Senator SCHATZ, the POLITICO reported that in November conflict of interest, there is every reason to American Opportunity Carbon Fee Act, ExxonMobil sent executives to Capitol believe they are playing a double game: try- provides a market-based, revenue-neu- Hill to try and convince congressional ing to buy a little credibility with these pub- critics that ExxonMobil is a conscien- lic comments while using all their quiet lob- tral carbon fee—just like these compa- bying muscle to crush any threat of bipar- nies say they support. It is built on tious corporation that supports ‘‘sound tisan action on the carbon pricing they principles espoused by leading Repub- climate policy.’’ Who did they think claim to espouse. lican economists and by Republican they were kidding? Do they think we I am a sponsor of a Senate carbon fee bill, former officeholders. don’t know how they lobby? We are the so I know this firsthand. I see their destruc- Despite the industry’s claims, I have targets of their lobbying. We know how tive handiwork all around me—and they seen exactly zero evidence that any of they lobby. Unsurprisingly, the have no corporate opposition. ExxonMobil executives left DC Let me use the example of two good guys: these companies—or their sizable trade Coca-Cola and PepsiCo. I believe they care associations—are using any of their ‘‘empty-handed . . . after refusing to about climate change. They have no conflict lobbying muscle to advance carbon directly answer questions about wheth- of interest like fossil fuel companies do. pricing legislation. Instead, er [ExxonMobil] had suppressed inter- Both signed a public letter urging strong ac- ExxonMobil and Shell and the trade as- nal research that underscored the tion on climate in Paris. Pepsi signed two sociations that represent them con- threat of climate change while publicly major business climate action pledges, the tinue to pump millions of dollars into sowing doubt about climate science.’’ Ceres BICEP Climate Declaration in the political machinery designed to lobby Given the fossil fuel industry’s mas- United States and the Prince of Wales’s Cor- sive conflict of interest on carbon pol- porate Leaders Group Trillion Tonne against any action on climate change. Communique´ in the UK. They say one thing, but they do an- lution, there is every reason for them Coca-Cola’s website says it will reduce CO2 other. to play a double game: trying to buy a emissions by 25% by ‘‘making comprehensive This chart from the nonprofit re- little credibility for themselves with carbon footprint reductions across its manu- search organization InfluenceMap their public comments, while at the facturing processes, packaging formats, de- shows the streams of money flowing same time using all their lobbying livery fleet, refrigeration equipment, and in- from ExxonMobil and from Shell, as muscle to crush any threat of bipar- gredient sourcing.’’ Coca-Cola says, ‘‘We . . . well as from the American Petroleum tisan action on the carbon pricing they encourag[e] progress in response to climate claim to espouse. change.’’ Indra Nooyi, chair and CEO of Institute, the Western States Petro- PepsiCo says: ‘‘Combating climate change is leum Association, and even the Aus- Sadly, in this double game they play, absolutely critical to the future of our com- tralian Petroleum Production and Ex- the fossil fuel industry has essentially pany, customers, consumers—and our world. ploration Association. In 2015 alone, no corporate opposition in Congress. I believe all of us need to take action now.’’ ExxonMobil spent $27 million, Shell Across the private sector, there are And they are taking action. Their effort spent $22 million, and the American great corporate leaders on climate puts Coke and Pepsi at the forefront of cor- Petroleum Institute spent $65 million change, but from what I see, corporate porate climate responsibility. But they lobby on obstructive climate lobbying. This climate lobbying from the good guys Congress through a trade association, the nets to zero. The good guys have given American Beverage Association, and through money deluge includes advertising and the business lobbying group, the U.S. Cham- public relations, direct lobbying in up the field and let the fossil fuel in- ber of Commerce. The American Beverage Congress and at statehouses, and polit- dustry to have its way with Congress Association sits on the board of the U.S. ical contributions and electioneering. unopposed, and the result is predict- Chamber of Commerce and contributes a lot They say one thing but do another—to able: Many good Members of Congress of money to it. the tune of $100 million a year. are frozen in place, often against their The American Beverage Association, as far As late as 2014, ExxonMobil gave the better judgment. as I can tell, has never lobbied on climate U.S. Chamber of Commerce $1 million I ask unanimous consent to have change. When the Association thought Con- gress might impose a soda tax to fund health printed in the RECORD an article I re- for the chamber to propagate its cli- care, they lobbied like crazy—nearly $30 mil- mate message, delivered loud and clear cently wrote for Harvard Business Re- lion dollars’ worth. They know how to lobby, not only here in Congress but in the view explaining this reality. when they want to. But on climate, I’ve courts, of absolute intransigence There being no objection, the mate- never seen it. against any serious climate action. The rial was ordered to be printed in the Everyone in Congress knows that the U.S. U.S. Chamber is powerful, and in Con- RECORD, as follows: Chamber of Commerce is dead set against gress we all see everywhere around us [From the Harvard Business Review, Feb. 25, Congress doing anything serious about cli- 2016] mate change. The U.S. Chamber is very pow- its implacable hostility against serious erful, and its power in Congress is fully dedi- THE CLIMATE MOVEMENT NEEDS MORE climate legislation. cated to stopping any serious climate legis- CORPORATE LOBBYISTS The gap between ExxonMobil’s stated lation. We see their hostility everywhere. support for a revenue-neutral carbon (By Sheldon Whitehouse) The result is that Coke and Pepsi take tax and its lobbying activities in Con- Across corporate America, there is broad great positions on climate change in their gress against any such thing is why support for action on climate change. Lead- public materials and private actions, but Representative TED LIEU of California ing businesses and executives vocally sup- here in Congress their lobbying agencies and I recently asked the American ported President Obama on the Paris Agree- don’t support their position. ment. Many companies have committed No corporate lobbying force is exerted for Geophysical Union, a topnotch sci- themselves to getting onto a sustainable good on climate change. Mars, maker of the entific society, to reexamine its finan- path, and many are pushing their commit- iconic M&M, is going fully carbon neutral. cial support from ExxonMobil. The ment out through their supply chains. This Its climate performance is spectacular. No American Geophysical Union is made is good, and it’s important. lobbying. WalMart, America’s biggest re- up of honest scientists. In their world, But it makes us in Congress feel a little tailer, is spending tens of millions of dollars they likely expect that when people left out. The corporate lobbying presence in to become sustainable. No lobbying. Apple say something, it is true. Sadly, in Congress is immense. But in my experience, and Google and Facebook are forward-look- exactly zero of it is dedicated to lobbying for ing, cutting-edge companies of the future, Congress we don’t enjoy the same expe- a good, bipartisan climate bill. and they lead in sustainability. No lobbying. rience. The good-hearted folks at the Dante wrote that above the Inferno was a The reasoning I am given is always the American Geophysical Union appear to sign: ‘‘Abandon hope all ye who enter here.’’ same. People fear retribution, so embedded have been taken in by ExxonMobil’s But there is hope in Congress. Many of my is the fossil fuel industry in Congress. The

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result is the good guys abandoning the field MAY 29, 2015. tics. As we are already users of carbon pric- to the worst climate actors in America: the Her Excellency, Ms. CHRISTIANA FIGUERES, ing systems across the world, exchange of in- fossil fuel industry and its array of front Executive Secretary of the UNFCCC, formation at international scale could help groups. They don’t just lobby. The roughest Bonn, Germany. to identify the best solutions. of these, Americans for Prosperity, boasts His Excellency, Mr. LAURENT FABIUS Presi- 2. Motivation. We want to be a part of the loudly that it will spend $750 million in this dent of COP21, solution and deliver energy to society election (it’s already through $400 million Paris, France. sustainably for many decades to come. Like and climbing) and that any effort to address DEAR EXCELLENCIES: Climate change is a our counterparts in other industry sectors climate change will put candidates in ‘‘polit- critical challenge for our world. As major we will play a key role in implementing the ical peril,’’ that they’ll be ‘‘at a severe dis- companies from the oil & gas sector, we rec- measures and deploying the technologies advantage.’’ Subtle like a brick. ognize both the importance of the climate that will lead to a lower carbon future. Low My response is twofold. challenge and the importance of energy to carbon business models and solutions are Climate change is not just any other issue. human life and well-being. We acknowledge fragile until they reach critical size, but It’s so big an issue that the world’s leaders that the current trend of greenhouse gas with linked carbon pricing systems world- just gathered in Paris to address it. It’s so emissions is in excess of what the Intergov- wide, uncertainty would be reduced and such big an issue that it has its own page on most ernmental Panel on Climate Change (IPCC) solutions will start to create value for busi- corporate websites. It’s so big an issue that says is needed to limit the temperature rise ness more rapidly. 3. Pragmatism. We believe our presence at our former Pacific commander, Admiral to no more than 2 degrees above pre-indus- the table could be helpful in designing an ap- Samuel J. Locklear, said it was the biggest trial levels. The challenge is how to meet proach to carbon pricing that would be both national security threat we face in the Pa- greater energy demand with less CO2. We practical and deliverable, as well as ambi- cific Theater. To use his words, climate stand ready to play our part. tious, efficient and effective. change ‘‘is probably the most likely thing Our companies are already taking a num- ber of actions to help limit emissions, such 4. A forum for discussion. Our companies that is going to happen . . . that will cripple and others have come together under the the security environment, probably more as growing the share of gas in our produc- tion, making energy efficiency improve- auspices of the World Economic Forum to likely than the other scenarios we all often form the Oil & Gas Climate Initiative, or are talk about.’’ So it’s big enough for corpora- ments in our operations and products, pro- viding renewable energy, investing in carbon members of the International Emissions tions to treat it as more than just another Trading Association, the World Bank or the capture and storage, and exploring new low- issue in Congress. UN Global Compact Carbon Pricing initia- carbon technologies and business models. Second, they can’t hurt you if you orga- tives. We believe these forums may offer an These actions are a key part of our mission nize. An antelope alone may fall to the hy- appropriate ground for public-private dia- to provide the greatest number of people enas, but the herd will protect itself. The logue on how to price carbon into energy. fossil fuel industry can’t punish Coke and with access to sustainable and secure energy. Practically, we and our senior staff will For us to do more, we need governments Pepsi and WalMart and Apple and Google seek to engage and share our companies’ per- across the world to provide us with clear, and Mars and all the other 100-plus compa- spectives on the role of carbon pricing in sev- stable, long-term, ambitious policy frame- nies who rallied publicly around a strong eral important settings: Paris agreement. You have to stand to- works. This would reduce uncertainty and In our meetings with Ministers and Gov- gether. help stimulate investments in the right low ernment representatives. Around Congress, the bullying menace of carbon technologies and the right resources As we attend and address conferences. the fossil fuel industry is a constant. If the at the right pace. As we hold engagements with our inves- We believe that a price on carbon should be good guys cede the field to them, the result tors. a key element of these frameworks. If gov- is predictable: members of Congress frozen in As we conduct meetings with other stake- ernments act to price carbon, this discour- place, often against their better judgment. It holders including partners, suppliers, aca- ages high carbon options and encourages the doesn’t have to be this way. I’m in Congress, demics and researchers. most efficient ways of reducing emissions As we hold meetings for management and and I’m writing here to say: we need you widely, including reduced demand for the staff within our businesses. guys to show up. most carbon intensive fossil fuels, greater Pricing carbon obviously adds a cost to our Mr. WHITEHOUSE. Mr. President, it energy efficiency, the use of natural gas in production and our products—but carbon is time not just for us to wake up but place of coal, increased investment in carbon pricing policy frameworks will contribute to for the good guys to show up. Fossil capture and storage, renewable energy, provide our businesses and their many stake- fuel folks for years outright denied cli- smart buildings and grids, off-grid access to holders with a clear roadmap for future in- mate change and happily funded their energy, cleaner cars and new mobility busi- vestment, a level playing field for all energy ness models and behaviors. sources across geographies and a clear role array of denial front groups. That Our companies are already exposed to a in securing a more sustainable future. failed the tests of truth and decency, price on carbon emissions by participating in We acknowledge the long-term challenge but at least it was consistent. This new existing carbon markets and applying ‘shad- and appreciate that this will be trans- hypocrisy, to say one thing and do an- ow’ carbon prices in our own businesses to formative across the energy sector. Over other, is playing with fire. First, it test whether investments will be viable in a many decades, our industry has been innova- poses a legal risk. It is never good to world where carbon has a higher price. tive and has been at the forefront of change. say things you can’t truthfully say Yet, whatever we do to implement carbon We are confident that we can build on our pricing ourselves will not be sufficient or trajectory of innovation to meet the chal- under oath, which may be one reason commercially sustainable unless national lenges of the future. we see such histrionics from the cli- governments introduce carbon pricing even- Each of us will copy this letter personally mate denial front groups about inves- handedly and eventually enable global link- to key contacts among investors, govern- tigations where fossil fuel executives age between national systems. Some econo- ments, civil society and our staff. may have to tell the truth under oath. mies have not yet taken this step, and this Yours sincerely, Second, it is a real reputation risk, es- could create uncertainty about investment HELGE LUND, pecially among younger consumers and disparities in the impact of policy on BG Group. BOB DUDLEY, who aren’t going to love an industry businesses. Therefore, we call on governments, includ- BP. that lies. It is hard to say that you are ing at the UNFCCC negotiations in Paris and CLAUDIO DESCALZI, not lying when what you are saying beyond—to: Eni S.p.A. and what you are doing are opposite. Introduce carbon pricing systems where BEN VAN BEURDEN, It is time for the fossil fuel industry they do not yet exist at the national or re- Royal Dutch Shell. to end this new double game. Either gional levels. ELDAR SAETRE, put your money where your mouth is Create an international framework that Statoil ASA. could eventually connect national systems. PATRICK POUYANNE´ , and start working with Congress to To support progress towards these out- Total S.A. enact a price on carbon, as you say you comes, our companies would like to open di- f wish, or go back to your climate denial rect dialogue with the UN and willing gov- and your creepy front groups and see ernments. We have important areas of inter- ADJOURNMENT UNTIL 9:30 A.M. how that works out for you, but saying est in and contributions to make to creating TOMORROW one thing while you are doing the exact and implementing a workable approach to The PRESIDING OFFICER. Under opposite is just not sustainable. carbon pricing, including: 1. Experience. For more than a century we the previous order, the Senate stands I yield the floor. have provided energy to the world. We are adjourned until 9:30 a.m. tomorrow. There being no objection, the mate- global in reach, closely familiar with man- Thereupon, the Senate, at 7:15 p.m., rial was ordered to be printed in the aging major projects and risks of many adjourned until Wednesday, May 18, RECORD, as follows: kinds, and well-versed in trading and logis- 2016, at 9:30 a.m.

VerDate Sep 11 2014 04:57 May 18, 2016 Jkt 059060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.050 S17MYPT1 smartinez on DSK3GLQ082PROD with SENATE S2914 CONGRESSIONAL RECORD — SENATE May 17, 2016 CONFIRMATIONS UNITED STATES ADVISORY COMMISSION ON ASIAN DEVELOPMENT BANK PUBLIC DIPLOMACY SWATI A. DANDEKAR, OF IOWA, TO BE UNITED STATES Executive nominations confirmed by GEORGETTE MOSBACHER, OF NEW YORK, TO BE A MEM- DIRECTOR OF THE ASIAN DEVELOPMENT BANK, WITH the Senate May 17, 2016: BER OF THE UNITED STATES ADVISORY COMMISSION ON THE RANK OF AMBASSADOR. PUBLIC DIPLOMACY FOR A TERM EXPIRING JULY 1, 2018. OVERSEAS PRIVATE INVESTMENT CORPORATION DEPARTMENT OF DEFENSE DEPARTMENT OF STATE TODD A. FISHER, OF NEW YORK, TO BE A MEMBER OF ERIC K. FANNING, OF THE DISTRICT OF COLUMBIA, TO ADAM H. STERLING, OF VIRGINIA, A CAREER MEMBER THE BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE BE SECRETARY OF THE ARMY. OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- INVESTMENT CORPORATION FOR A TERM EXPIRING DE- SELOR, TO BE AMBASSADOR EXTRAORDINARY AND CEMBER 17, 2016. DEPARTMENT OF STATE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA DEVEN J. PAREKH, OF NEW YORK, TO BE A MEMBER OF ROBERT ANNAN RILEY III, OF FLORIDA, A CAREER TO THE SLOVAK REPUBLIC. THE BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF KELLY KEIDERLING-FRANZ, OF VIRGINIA, A CAREER INVESTMENT CORPORATION FOR A TERM EXPIRING DE- MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF CEMBER 17, 2016. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- OF AMERICA TO THE FEDERATED STATES OF MICRO- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES AFRICAN DEVELOPMENT FOUNDATION NESIA. OF AMERICA TO THE ORIENTAL REPUBLIC OF URUGUAY. LINDA THOMAS–GREENFIELD, AN ASSISTANT SEC- KAREN BREVARD STEWART, OF FLORIDA, A CAREER STEPHEN MICHAEL SCHWARTZ, OF MARYLAND, A CA- RETARY OF STATE (AFRICAN AFFAIRS), TO BE A MEM- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF REER MEMBER OF THE SENIOR FOREIGN SERVICE, MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- BER OF THE BOARD OF DIRECTORS OF THE AFRICAN DE- CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES VELOPMENT FOUNDATION FOR THE REMAINDER OF THE DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF THE MARSHALL IS- TERM EXPIRING SEPTEMBER 27, 2015. LANDS. OF AMERICA TO THE FEDERAL REPUBLIC OF SOMALIA. LINDA THOMAS–GREENFIELD, AN ASSISTANT SEC- MATTHEW JOHN MATTHEWS, OF OREGON, A CAREER CHRISTINE ANN ELDER, OF KENTUCKY, A CAREER RETARY OF STATE (AFRICAN AFFAIRS), TO BE A MEM- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF BER OF THE BOARD OF DIRECTORS OF THE AFRICAN DE- MINISTER-COUNSELOR, FOR THE RANK OF AMBASSADOR COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND VELOPMENT FOUNDATION FOR A TERM EXPIRING SEP- DURING HIS TENURE OF SERVICE AS UNITED STATES PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TEMBER 27, 2021. SENIOR OFFICIAL FOR THE ASIA-PACIFIC ECONOMIC CO- TO THE REPUBLIC OF LIBERIA. JOHN W. LESLIE, JR., OF CONNECTICUT, TO BE A MEM- OPERATION (APEC) FORUM. ELIZABETH HOLZHALL RICHARD, OF VIRGINIA, A CA- BER OF THE BOARD OF DIRECTORS OF THE AFRICAN DE- VELOPMENT FOUNDATION FOR A TERM EXPIRING SEP- UNITED STATES AGENCY FOR INTERNATIONAL REER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR TEMBER 22, 2019. DEVELOPMENT LINDA I. ETIM, OF WISCONSIN, TO BE A MEMBER OF EXTRAORDINARY AND PLENIPOTENTIARY OF THE THE BOARD OF DIRECTORS OF THE AFRICAN DEVELOP- MARCELA ESCOBARI, OF MASSACHUSETTS, TO BE AN UNITED STATES OF AMERICA TO THE LEBANESE REPUB- MENT FOUNDATION FOR A TERM EXPIRING SEPTEMBER ASSISTANT ADMINISTRATOR OF THE UNITED STATES LIC. 22, 2021. AGENCY FOR INTERNATIONAL DEVELOPMENT.

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